1L - First Year Lesson Topics

This set of Topics covers subjects typically taught during the first year of law school.
Lesson Viewed

Professionally Responsible Generative AI Use

Generative artificial intelligence (GenAI) provides lawyers with useful research and writing capabilities.  However, GenAI is also prone to errors and presents privacy concerns.  This lesson will acquaint you with the basics of how to use GenAI and some practice tips to maintain professionally responsible use.  

The lesson is loosely based on the requirements of ABA Formal Opinion 512 and FRCP 11(b), but focuses on techniques for you to avoid the pitfalls the opinion and FRCP 11(b) address. That being said, we encourage you to read the actual text of both. We also provide guidance for using GenAI.

Lesson Viewed

Interpretation in the UCC

Interpretation involves ascertaining the meaning of the words and provisions of a contract. Article 2 of the UCC is intended not to regulate commercial activity, but to facilitate it. An important part of commerce is business practices in general and in particular, usages of trade and understandings of the parties to the contract. Therefore, this lesson emphasizes those parts of interpretation. For a broader discussion of interpretation in contract law, see the CALI Lesson Interpretation of Contracts.

Lesson Viewed

Hybrid Transactions

This lesson reviews the 2022 Amendments to UCC Article 2 that explain what law to apply to a "hybrid transaction" -- a transaction that involves both the sale of goods and something else. After completing the lesson, students will be able to determine whether a transaction is a hybrid transaction, which aspects predominate, and what law to apply to each aspect.

Lesson Viewed

Study Scheduling for the Evening, Weekend, or Part-Time J.D. Student

This lesson is designed to help part-time, evening, weekend, or flex J.D. law students maximize their limited study time as they navigate multiple obligations, balancing law school with full-time work, care, or other responsibilities. The lesson encourages self-reflection on when and how the student learns best, and walks them through the basics of time-blocking and time management, encouraging frequent reflection and adjustments to schedules as necessary. The lesson can be completed or revisited at any time during law school, and might best be completed by students before/upon entering the first semester of law school.

Lesson Viewed

Policy-Based Analysis

Recognizing and understanding policy in cases is a challenging task - and an invaluable tool. Knowing the policy behind case law and statutes and understanding the underlying policies helps us apply the law on exams and when representing clients. Engaging and practicing these skills throughout your law school career is essential.

Lesson Viewed

Advanced Reading for Law School

Law students are excellent readers, and this skill will lay the foundation for success throughout life. However, reading in law school requires more precision than previous educational activities. This lesson will deepen individuals reading skills specifically within the context of legal reading.

Lesson Viewed

Analysis 3: Using Your Facts

Have you ever compared your essay to a sample answer, or one with a higher grade, and wondered what was different about yours? Especially if you seemed to use all the correct law? It's likely that you aren't using your facts enough!

This lesson will explain why it's important that you use your facts, as well as help you to do just that!

Lesson Viewed

Introduction to Texas Rules of Form (the "Greenbook")

This lesson will help you master legal citations using the Texas Rules of Form, Fifteenth Edition (hereinafter “The Greenbook"), particularly with respect to specific rules of citation for your briefs and legal memoranda. The Greenbook at times refers to The Bluebook: A Uniform System of Citation, Twenty First Edition (hereinafter “The Bluebook”), so you may also want to have that handy for use during this lesson.

Lesson Viewed

International Patent Law Research

This lesson is an overview of how to research international patent law. It will cover both how to find sources of patent laws for countries besides the United States, and how to find sources of multi-national laws, such as treaties and other agreements, that govern the enforcement and regulation of patents between countries.

Lesson Viewed

Water Law Basics: Riparianism

Riparianism is the system of water law used in most eastern states in the United States to govern property rights in water. This lesson provides a review of the basic concepts of the doctrine of riparianism for students in Water Law or Property classes. It covers both common law riparianism and regulated riparianism.

Lesson Viewed

Reliance (Promissory Estoppel): Discussions in Contracts Podcast

The topic of this podcast is when agreements that are not enforceable as contracts because they are not supported by consideration are nevertheless enforceable due to reliance on the promise, often referred to as promissory estoppel. It discusses reliance as it pertains to gift promises, including charitable donations. The podcast examines the rule for promissory estoppel, as set forth in Restatement (Second) of Contracts § 90, as well as the form of remedy permitted in cases based upon reliance. To illustrate, the podcast uses several hypotheticals and looks at the following cases: Kirksey v. Kirksey, Ricketts v. Scothorn, and Bouton v. Byers.

Lesson Viewed

Acceptance

This lesson deals with one aspect of contract formation, acceptance. Acceptance is the manifestation of assent that is made by the offeree in response to an offer. In this lesson, you will learn how a party can accept an offer at common law. The lesson takes up issues such as the manner of acceptance, who can accept, silence as acceptance, rejection and counter-offer. The lesson ends with a short analysis exercise on the subject of acceptance.

Lesson Viewed

Accomplice Liability - Actus Reus Requirement

This is one in a series of lessons on accomplice liability. In earlier lessons, we examined how accomplices were classified under the common law and the Model Penal Code. In addition, we examined the mens rea requirement for accomplice liability. In this lesson, we continue the discussion by examining the actus reus requirement of accomplice liability. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge and understanding of the topic.

Lesson Viewed

Accomplice Liability - Definitional Issues

At common law, a distinction was made between the perpetrator of a crime, and the perpetrator's accomplices. In this lesson, we examine the common law definitions that applied to accomplices, and modern approaches to complicity, including the Model Penal Code. This lesson is intended for students who have studied these issues in class, and who wish to refine their knowledge and understanding.

Lesson Viewed

Accomplice Liability - Mens Rea

This lesson continues our discussion of accomplice liability. In a prior lesson, we examined how the common law and the Model Penal Code classified various types of accomplices. In another prior lesson, we examined the actus reus requirement for accomplice liability. In this lesson, we continue the discussion by focusing on the mens rea requirement for accomplice liability. The lesson is intended for students who have studied these issues in class, and who wish to refine their understanding and knowledge of the topic.

Lesson Viewed

Actus Reus

This exercise provides an introduction to the act requirement. In particular, it addresses the definition of "act," voluntariness, liability for omissions (failures to act), and possession offenses.

Lesson Viewed

Adverse Possession: Color of Title and Constructive Adverse Possession

This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.

Lesson Viewed

Adverse Possession: Hostile Possession or Possession Under Claim of Right

This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "hostile" and "under claim of right." This lesson addresses the following topics: the rationale behind the "hostile/under claim of right" requirement and how it relates to the other elements of the common law adverse possession rule; the significance of "permission to occupy land" under adverse possession doctrine, and how to distinguish between permissive and hostile claims; and the legal standards by which differing courts have evaluated the hostility of a possessor’s claim, either by reference to the possessor’s actions (objectively), or state of mind (subjectively).

Lesson Viewed

Adverse Possession: Open and Notorious Possession

This lesson focuses on the "open and notorious" element of the common law adverse possession standard. This lesson and its accompanying questions should help students understand the following: the rationale behind the "open and notorious" requirement; how courts have applied the "open and notorious" requirement in a variety of different factual settings, including boundary line encroachments, subsurface rights, and "open lands" (large, unenclosed parcels of land not presently suitable for cultivation or development); and how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.

Lesson Viewed

Adverse Possession: Related Doctrines

This lesson focuses upon a number of doctrines that are closely related to adverse possession of land. It includes a discussion of the following doctrines: agreed boundaries; mutual recognition and acquiescence; estoppel; good faith improvement; and the extent to which one can establish title to chattels by adverse possession (or by the operation of finding statutes).

Lesson Viewed

Adverse Possession: Review Questions

This lesson concludes the set of lessons on adverse possession with a series of review questions (including true-false, multiple choice, and essay questions) to test overall student understanding of the various elements of the adverse possession standard, as explored in the earlier lessons. This lesson may prove most helpful to students when reviewing the doctrine of adverse possession as part of their exam preparation.

Lesson Viewed

Advice to a 1L From a Law Professor Podcast

A Question and Answer session with Prof. McFarland, author of several of CALI's lessons in Tort Law and Civil Procedure. Prof. McFarland has been teaching for over 30 years. His comments in this podcast about the first semester of law school focus on the Socratic method, preparing for class, note-taking during class, class participation, "riding out" that "lost at sea" feel common during the first few weeks of law school, the appropriate use of study aids, advice about law school exams, and general advice on doing well in law school.

Lesson Viewed

Agreements Lacking Consideration: Gift Promises - Discussions in Contracts Podcast

This podcast considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. 29 (1861) and Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891).

Lesson Viewed

Agreements Lacking Consideration: Past Consideration and Moral Obligation

This lesson takes a look at two types of agreements that lack consideration: those supported by past consideration or moral obligation. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. Where consideration was given in the past or the promisee is only morally obligated to make the promise, bargained-for-exchange is lacking and the promises are not enforceable.

Lesson Viewed

Alabama Legal Research: Primary Resources

This lesson will familiarize the user with Alabama's primary sources, including the state constitution, statutes, administrative regulations, and case law. Among other things, this lesson addresses how a bill becomes law in Alabama, five ways to find Alabama statutes, and six ways to find Alabama cases with the West Digest System. The lesson discusses print and online sources, including researching primary law with free online services. This lesson does not cover secondary sources, such as treatises and law review articles.

Lesson Viewed

Ambiguous Culpability Requirements

This is the second in a series of lessons on culpability requirements under the Model Penal Code (MPC). This lesson, which assumes students are familiar with the basic requirement that every material element have a state of mind, addresses the state of mind that applies to each element when one or more states of mind are contained in an MPC criminal statute. The lesson introduces students to the various types of elements in MPC statutes and to the general rule, found in § 2.02(4), that where a state of mind is specified, it applies to all material elements unless a contrary purpose plainly appears. The lesson affords students the opportunity to practice the default rules relating to states of mind on mock statutes and to learn how the legislature expresses a contrary purpose.

Lesson Viewed

American Indian Treaties

This lesson will teach you how to locate treaties between Indian tribes and the United States government. It will also show you how to determine whether a particular treaty provision is still in effect and how to interpret ambiguous treaty provisions.

Lesson Viewed

American Law Reports

This lesson is an introduction to the American Law Reports (ALR) and is intended for use by students in introductory legal research classes. The goal is to give you an understanding of the features of the resource, the best methods for using it, and an understanding of when to use it. The lesson covers both print and electronic formats of ALR.

Lesson Viewed

Analysis 1: Thinking Like a Lawyer

This lesson explores one of the fundamental lawyering skills, which is to think like a lawyer, or analyze. Students will go through basic analysis exercises, so they can master this technique prior to writing exams.

This lesson also includes video commentary from the author that expands on the material in the lesson.

Lesson Viewed

Assault

This lesson identifies the law of the intentional tort of assault, and challenges the student to apply unusual fact situations to that law. The exercise explores the tort of assault as it has developed to cover modern settings.

Lesson Viewed

Assessing Your Own Work

Throughout law school, students will be asked to assess their own essays by comparing them to a model or sample student answer provided by their professor. It can often be difficult to distinguish one’s work from the model. Sometimes it is hard to distinguish what a student knows, from what they wrote down. Experienced legal writers understand that subtle differentiation in language changes the meaning of what was written. This lesson will provide students with strategies for self-assessment, so that they can become critical judges of their work, and consequently precise legal writers.

Lesson Viewed

Assumption of Risk

A plaintiff who voluntarily assumes a risk of harm cannot recover for the negligent or reckless conduct that causes the harm: that is known as assumption of risk. It is a complete defense. This lesson explores the defense, which together with contributory negligence has been part of negligence law for more than a century-and-a-half. The border between the two classic negligence defenses is sometimes confusing, so questions navigate the differences. Also, the lesson considers the continuing vitality of the defense of assumption of risk when contributory negligence is rapidly being replaced by comparative negligence.

Lesson Viewed

Bailments

This lesson teaches about the law of bailments, i.e., the law that controls the rights and duties of a possessor of tangible personal property (goods) who is not the owner.

Lesson Viewed

Basic Future Interests

Basic Future Interests is a follow-up tutorial exercise to The Estate System. It deals with the two major classes of future interests, those retained by transferors and those created in third persons. Emphasis is given to distinguishing among the various kinds of vested remainders and contingent remainders, as well as to distinguishing between remainders and executory interests. The lesson also provides the primary treatment of the defeasible fee simple estates, with emphasis on the future interests that tailor them.

Lesson Viewed

Basic Issues in the Right of Privacy

The Right of Privacy is actually four different torts. This lesson will cover the basic elements of Commercial Appropriation, Intrusion, Public Disclosure, and False Light. Although it is necessary to make references to the Constitutional issues raised with these claims, that issue will be discussed in more detail in a separate lesson.

Lesson Viewed

Battered Woman's Syndrome

This is a lesson on battered woman syndrome with respect to the defense of self-defense. Over the last few decades, there has developed in the legal literature a recognition of this, and other similar syndromes, in the context of homicide cases. The situation of an abused person who kills the abuser raises questions about the basis for a defense of self-defense in circumstances that might not easily fit into the traditional self-defense mold. Though courts allow the defense in many cases, the invocation of the defense still presents problems in certain situations. The purpose of this lesson is to explore those varying circumstances and the issues raised with respect to the possibility of a defendant invoking the defense of self-defense.

Lesson Viewed

Battery Basics

Battery Basics is an introduction and initial exploration of the intentional tort of battery. It is designed primarily for students who want to test their basic knowledge of the tort, or who spent little or no time on intentional torts in class. Battery Basics identifies the elements of battery, requires application to some common fact situations, and responds to common misconceptions about the tort.

Lesson Viewed

Battery Puzzlers

Battery Puzzlers is one of two lessons available from CALI on the intentional tort of battery. The other lesson, Battery Basics, is designed for students who will spend little time on battery in their classes or are uncomfortable with their understanding of the tort. It is designed to provide a solid understanding of battery.

Lesson Viewed

Battle of the Forms (UCC 2-207)

This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative.

Lesson Viewed

Bilateral and Unilateral Contracts

Traditional contract law classifies contracts into bilateral and unilateral contracts. Bilateral contracts are those involving promises made by all parties, whereas unilateral contracts involve promises made by only one of the parties. This lesson explores the distinction between bilateral contracts (where both parties make promises) and unilateral ones (where only one party makes a promise) and the effect on the obligations of the parties resulting from the classification. This lesson ends with an analysis exercise on unilateral and bilateral contracts.

Lesson Viewed

Case Briefing

This lesson focuses on case briefing. The lesson will guide students through cases identifying the most important part of cases to prepare for classes.

Lesson Viewed

Causation

This exercise provides an overview of the concept of causation. Factual cause is distinguished from legal cause, and causation in general from mens rea and attempt. Specific issues covered include simultaneous causes, different victim, different manner, and different injury.

Lesson Viewed

Causation in Fact

This exercise begins by illustrating the distinction between cause in fact and legal or proximate cause and then utilizes questions intended to familiarize the student with the but for or sine qua non test and the substantial factor test. The exercise also covers issues relating to concurrent cause dilemmas and problems in identifying which harm was caused to the plaintiff by multiple negligent defendants.

Lesson Viewed

Proof of Causation in Fact

This exercise builds upon the tutorial entitled Causation in Fact and that lesson should be completed prior to this exercise. In this exercise, the evidentiary burdens of proof are considered in relation to the use of direct and circumstantial evidence and the use of expert testimony. The exercises illuminate issues surrounding problems of proving who or what caused the plaintiff's harm. Burden shifting devices employed by courts in special situations are also considered.

Lesson Viewed

Certainty

One of the rules that limits a plaintiff's recovery for breach of contract is the requirement that damages must be proven to a reasonable certainty. This lesson explores that principle. The lesson can be run either as an introduction to certainty or as a review after you have completed your study.

Lesson Viewed

CISG Basics: Formation

This lesson is second in a series that takes a look at formation of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries. There are 11 separate provisions on contract formation under the CISG. This lesson sets out the basic requisites for determining whether an offer exists, when it is accepted and how to address a battle of the forms if the CISG applies. The general attributes of domestic contracts and other CISG contracts are covered in other lessons.

Lesson Viewed

CISG Basics: Performance

This lesson is third in a series that takes a look at performance of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries.

Lesson Viewed

CISG Basics: Scope and General Provisions

This lesson is first in a series that takes a look at the basics of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries. While some of the rules parallel those under the common law and Article 2 of the U.C.C., many are different. This lesson sets out the basic requisites for determining when the CISG applies and evaluating contracts governed by the CISG. The general attributes of domestic contracts and CISG contracts are covered in other lessons.

Lesson Viewed

Civil and Criminal Statutes

This lesson covers the area traditionally known as "negligence per se." The problem of when can a civil or criminal statute be used as the standard of care in negligence cases is the primary matter discussed. The lesson gives some special attention to the "Dram Shop" example.

Lesson Viewed

Class Action Basics

This lesson teaches the basics of class action procedure under Federal Rule 23. The lesson focuses on the requirements of Rules 23(a) and 23(b). (It does not cover jurisdictional issues, appeals, issues of class management, or class settlement.)

Lesson Viewed

Codification

This lesson will introduce you to how codes are created, how they're organized, how they're published, and what it all means for your legal research. It is intended for first-year law and graduate students, or anyone who needs a refresher on the basics of this topic.

This lesson assumes that you are familiar with how statutes are passed and how they're first published, either from your own knowledge or from the CALI Lesson "Introduction to State and Federal Statutes."

For one of the questions in this lesson, you should have your Bluebook or ALWD Citation Manual handy.

Lesson Viewed

Colorado Legal Research: Secondary Resources

This lesson is intended to familiarize the user with Colorado secondary legal research materials. The lesson focuses on secondary source material including: Colorado Practice, treatises, periodicals, CLEs and form books. No prior knowledge of Colorado legal research is necessary to follow this lesson. While this lesson is aimed primarily at first year law students who will be learning about these materials for the first time, each section may be used independently to brush up on Colorado-specific legal research skills.

Lesson Viewed

Commerce Clause Issues in Environmental Law

Focusing on the Clean Water Act and the Endangered Species Act, this lesson gives a brief overview of the ways in which federal environmental and natural resources law can raise issues regarding the federal government's constitutional authority to regulate pursuant to the Commerce Clause of the U.S. Constitution. In particular, it looks at the possible limitations on the federal government's Commerce Clause authority as a result of the U.S. Supreme Court's 1995 decision in United States v. Lopez and as a result of federalism and land use considerations.

Lesson Viewed

Commercial Speech - First Amendment

This lesson covers First Amendment doctrine and theory pertaining to commercial speech. The lesson considers the development of commercial speech from unprotected to protected speech; the applicable constitutional tests for evaluating commercial speech, the doctrine regarding mandated disclosures in commercial contexts, and recent cases decided by the Roberts Court considering commercial speech.

Lesson Viewed

Company Research

The goal of this lesson is to introduce you to the basics of conducting company and industry research. Company research is the process of gathering information about a specific company. Once you have information about a company, you may need to know how that company is faring within its industry. Companies within an industry can be compared to one another, or an analysis of the industry itself can be done to see how it is performing.

Lesson Viewed

Comparative Fault

This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.

Lesson Viewed

Concurrence

This is a basic lesson covering the common law doctrine of concurrence. At common law, crimes required not only an actus reus and a mens rea but concurrence of the two. Through use of scenarios involving the common law crimes of murder, robbery, burglary and larceny (which are briefly introduced), the requirements for concurrence are explored. In addition, also through the use of scenarios, the doctrine is distinguished from the related doctrines of causation and mistake. Finally, concurrence as to attendant circumstances is also addressed. After completing this lesson, the student should have a working knowledge of the common law doctrine of concurrence and some understanding of how modern common law jurisdictions deal with the issues raised by this doctrine.

Lesson Viewed

Conditions

This lesson explores the concept of conditions in the law of contracts. It distinguishes promises from conditions, discusses the various kinds of conditions, and explains ways the courts relieve parties from the harsh effect of conditions. The lesson concludes with two sample exam questions.

Lesson Viewed

Consent

This lesson explores the various ways in which the criminal law considers victim consent. Topics include consent as negating an offense element, consent as justification, effective consent, and limitations on consent as a defense.

Lesson Viewed

Consent as a Defense to Intentional Torts

This interactive exercise addresses the topic of consent as a privilege or defense to various intentional tort claims. It begins with a consideration of how consent is determined to exist and then explores various applications of the defense in contexts such as medical encounters and sporting events. Consideration is given to how the courts have utilized the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to overarching policy goals.

Lesson Viewed

Consideration: Advanced Issues

This lesson addresses a number of issues involving consideration, including whether there was a bargain, whether there is consideration for the settlement of a claim, and whether one of the promises was illusory. You should run it after you have run the lesson on Consideration: The Basics of Consideration and the Bargain Theory.

Lesson Viewed

Consideration: The Basics of Consideration and the Bargain Theory

This lesson takes a look at the basic aspects of the contractual element of Consideration. In a typical transaction, the consideration (described as a bargained-for-exchange) is what induces the making of the promise by the offeror. In turn, the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. This lesson sets out the basic requisites for establishing consideration.

Lesson Viewed

Constitutional Aspects of Environmental Law: Federal Preemption

This lesson discusses the role of federal preemption in the implementation of environmental law. Specifically, when do federal environmental and natural resources statutes preempt, or displace, state laws on similar subjects? When are states free to enact their own environmental protections? What is the relationship between federal environmental law and state torts?

Lesson Viewed

Constitutional Issues in Defamation

This lesson assumes the basic issues in defamation have already been covered. Before working with this lesson, the lessons on Basic Issues in Defamation and Privileges and Libel and Slander should have already been reviewed. The material here will use that basic information to study the Constitutional issues that now control defamation. Among those issues are public and private figures, actual malice, burdens of proof, and damages.

Lesson Viewed

Constitutional Powers and Structures Review for Family Law

This lesson is intended as an overview of Constitutional Law principles that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher of Constitutional Law. It can also be used during the course to clarify general constitutional doctrine. This lesson is related to two other lessons regarding constitutional aspects of Family Law.

Lesson Viewed

Constitutional Aspects of Family Law

This lesson is an examination of the constitutional law aspects of Family Law. It builds upon lessons which provide a review of Constitutional Law in the Family Law context, but is much more detailed. It is intended as a supplement and review of constitutional doctrine as it occurs in specific Family Law areas such as marriage, divorce, parenting, procreation, sexuality, the rights of minors, and end-of life issues.

Lesson Viewed

Constitutional Limitations: 8th Amendment

This exercise provides a general overview of the Eighth Amendment as it applies to substantive criminal law. It outlines the Amendment's potential scope as well as its actual reach, as defined by the U.S. Supreme Court. Procedural criminal law (and the Court's capital punishment jurisprudence in particular) is ignored, except insofar as it bears on substantive criminal law or helps to define the Amendment's scope.

Lesson Viewed

Constitutional Limitations: Legality

In this exercise, students get an overview of the principle of legality. Legality is divided into four subtopics: legislativity, retroactivity, vagueness, and lenity, which are addressed in turn. Particular attention is paid to the following issues: constitutional foundations; applicability to the states; applicability to the making or the interpretation of criminal laws, and to the legislature or the judiciary; applicability to criminal and civil law, and to substantive and procedural criminal law in particular.

Lesson Viewed

Consumer Law Research

This lesson introduces students to consumer law research as they assist a hypothetical client "Joe" who is the victim of a used car salesman's sleazy tactics. Students will develop strategies for researching consumer law issues on both state and federal levels. The lesson covers the "major player" consumer law statutes and the agencies empowered by those statutes. Important consumer law treatises and practitioner resources are also covered.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Measure

When the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. Referring to Hawkins v. McGee, this lesson explains how those damages are calculated. It presents basic measurement problems, rules and definitions, and then asks students questions based on hypothetical scenario designed to test their understanding of the concept in practice. Awarding a monetary compensation for pain and suffering is also discussed. The lesson concludes with a series of review questions.

Lesson Viewed

Contract Tutorials on Remedies - Mitigation of Damages

This lesson deals with the doctrine of Mitigation of Damages, and examines Rockingham County v. Luten Bridge Co. The basic issues about mitigation are illustrated in a hypothetical scenario followed by a number of questions. Prior understanding of Expectation Measure of Damages is necessary to complete your study. The lesson ends with several summary questions.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Damages in Sale of Goods

The lesson takes a look at measuring expectation damages in a sale of goods contract governed by the UCC provisions. The author explains that even though the expectation/mitigation rule is not applicable to the sale of goods contracts, the UCC gives us the same results as common law. The concepts of incidental and consequential damages, as well as expenses saved, are also explained. The lesson ends with review questions on the subject.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Damages in Sale of Goods - Buyer does not cover

In this lesson you will learn how to calculate damages when the Buyer does not deliver goods or repudiates the contract. First, the author reminds you about the concept of common law mitigation/expectation rule and then contrasts the results with the UCC provisions in this matter. Next, the differences between UCC § 2-713 and § 2-712 are explained. The lesson concludes with several review questions.

Lesson Viewed

Contract Tutorials on Remedies - UCC Damage Rules

This lesson is part of a series of lessons that examines contract remedies. It discusses a breach by the buyer. The author deals with problems of measuring damages when the seller does resell the goods (UCC § 2-706), as well as when the goods are not resold (UCC § 2-708(1)). Prior understanding of common law expectation rule is required to work this lesson. The lesson ends with several review questions on this subject.

Lesson Viewed

Contract Tutorials on Remedies - UCC Damage Rules for Buyers

This lesson is part of a series that examines contract remedies. It covers the situation when the Buyer caused the breach and the UCC § 2-706 and § 2-708(1) are not the right measure of the seller's damages. You should run it after you have run the Contract Tutorials on Remedies - UCC Damage Rules. At the end of the lesson, you will find a number of review questions to help you better understand the subject.

Lesson Viewed

Contract Tutorials on Remedies - Overhead and Profit

For better understanding, you should run this lesson after you complete the lesson Contract Tutorials on Remedies - UCC Damage Rules for Buyers. In certain situations, the UCC gives the court the power to award "profit plus reasonable overhead." This lesson will help you understand the terms "profit" and "overhead." Moreover, the author explains the difference between fixed and variable overhead and discusses the concept of lost profits. The lesson ends with several review questions.

Lesson Viewed

Contract Tutorials on Remedies - Proving Damages

This lesson is part of a series that deal with contracts remedies. While proving the damages, a plaintiff has to prove damages with "reasonable certainty." This lesson explores that principle. The author discusses main concepts that explain the term "reasonable certainty" (the "new business rule", "traditional rule" and "current rule"). Examples of liberalization of the proof requirements for damages in the UCC and in the area of "psychic losses" are also covered.

Lesson Viewed

Contract Tutorials on Remedies - Reliance Damages

Reliance damages put the non-breaching party back in the same position the party was in before the contract was made. In this lesson, you will explore the distinction between reliance and expectation damages. Both concepts are illustrated by case law. Then, the author explains how the courts apply reliance and expectation rules when awarding damages. The lesson ends with review questions on this subject.

Lesson Viewed

Contract Tutorials on Remedies - Liquidated Damages

This lesson explains the concept of liquidated damages. A liquidated damages clause in a contract states what damages the breacher will owe the non-breacher in the event of breach. You will have a chance to familiarize yourself with some sample clauses. Moreover, the material deals with enforceability of the clause under the common law as well as the UCC (§ 2-718). The lesson ends with a number of review questions on this subject.

Lesson Viewed

Contract Tutorials on Remedies - Specific Performance

This lesson examines specific performance as a remedy ordered by the court when the money damages will not be adequate. The author guides the student through common situations when the specific performance will be awarded as a remedy, such as the sale of unique goods (UCC § 2-716 and §2-709) or land and employment contracts. The considerations that courts bear in mind when awarding specific performance are also discussed. The lesson concludes with several review questions.

Lesson Viewed

Contract Tutorials on Remedies - Restitution

The lesson addresses the concept of restitution as a remedy alternative to the expectation measure. The author discusses the elements that one has to prove to be awarded restitution. Next, the differences between reliance and restitution are explained. The material also covers the rule that contract bars the suit in restitution as well as exceptions to it. In the last part, the ways of measuring restitution damages are explained. The lesson ends with review questions on that subject.

Lesson Viewed

Contract Tutorials on Remedies - Substantial Performance/Breach

The lesson begins with explanations of the terms substantial performance and substantial breach, followed by examples of each. The next section discusses factors listed in the Restatement that are taken into consideration when determining whether there has been a substantial breach. The doctrine of substantial performance in the sale of goods (UCC § 2-508) is described. The lesson ends with review questions.

Lesson Viewed

Contract Tutorials on Remedies - Excuse of Performance

This lesson explains the concept of excuse of performance by referring to K & G Construction Co. v. Harris. The author discusses factors that are taken into consideration when determining whether a breach was substantial and illustrates them in analysis of Walker & Co. v. Harrison. The next section covers interference as a basis for excuse, followed by a discussion about damages in excuse of performance cases. This lesson ends with a number of review questions to help you better understand the concept.

Lesson Viewed

Conversion

This lesson explores the cause of action of conversion as a means of compensation for intentional interferences with personal property. It will examine the several components of interest, invasion, conduct and remedy as the conceptual vehicles for study. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications.

Lesson Viewed

Cost of Completion

This lesson explores the issue of whether, in computing the expectation remedy, the court will award the cost of completion or the diminution in value. The lesson can be run either as an introduction to this aspect of damages or as a review after you have completed your study.

Lesson Viewed

Cost of Legal Research

We are all aware of the perils of poor electronic legal research skills. And, we have all heard of ways the misuse of electronic legal resources has challenged those engaged in legal practice. Though Westlaw® and Lexis® provide us with sophisticated functionality that can ease the pain of legal research, these systems do not necessarily provide the most cost efficient means of conducting research.

Lesson Viewed

Covenants, Equitable Servitudes and Restrictions 1: Creation

This tutorial is the first in a series of interactive tutorials written to assist the beginning student with a basic introduction to analyzing real covenants, equitable servitudes and similar use restrictions applied to real property. Once the student successfully completes the current lesson, he or she may later use the series of questions throughout this lesson as a preliminary review for a final examination.

Lesson Viewed

Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope

This lesson is designed to assist the beginning Property student with analyzing the numerous potential questions arising when one encounters a real covenant or equitable servitude. The lesson addresses the questions of what might make a validly created covenant or equitable servitude invalid or unenforceable and what factors influence whether a restriction applies to offending conduct.

Lesson Viewed

Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes?

This lesson is designed to assist the beginning Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What is required for one to be able to enforce a real covenant, equitable servitude or restriction?"

Lesson Viewed

Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise?

This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "Under what circumstances might one who is not the original promisor be liable for not performing the promise?"

Lesson Viewed

Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement

This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What defenses might be available to one against whom another is attempting to enforce a real covenant, equitable servitude or restriction?"

Lesson Viewed

Creating Study Aids

Creating Study Aids is part of the Academic Support series of CALI Lessons. This lesson introduces you to law school study aids. It begins with a brief overview of self-regulated learning and Bloom's learning taxonomy. Then, the lesson introduces law school study aids by pairing them with learning objectives at each level of the taxonomy. Finally, the lesson concludes with an activity designed to help you reflect on your learning. It can be used as an introduction, supplement, or as review.

Lesson Viewed

Current Awareness & Alerting Services

Designed to help bridge the gap between law school and law practice, this tutorial introduces students to commonly-used current awareness tools and alerting services. The lesson covers sources and strategies for finding topical newsletter services, blogs, email discussion lists, and scholarship repositories and instructs on how to use subscription alert services to keep up with the latest developments in a particular area of law.

Lesson Viewed

Customary International Law

The definition and location of customary international law is a difficult research task. This lesson begins by defining customary international law and placing customary international law into context through historical examples. Two research strategies for locating custom will be introduced. The first strategy is to locate pre-defined custom using a source that discusses state practice that has risen to the level of custom. The second and more complex strategy involves searching directly for evidence of customary international law.

Lesson Viewed

Damages for Harms to Interests in Physical Integrity of Personal Property

This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.

Lesson Viewed

Damages for Harms to Possessory Interests in Personal Property

This lesson covers basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.

The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.

Lesson Viewed

Damages for Harms to Real Property

This lesson deals with basic principles and measures of damages recoverable for harms to real property. The analysis to which students will be acquainted examines the harms in the context of three categories of interests to be protected by the law of damages. Those categories, which are separately treated in the lesson, are exclusive possession, physical integrity and use and enjoyment.

Lesson Viewed

Damages for Injuries That Cause Death

This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.

Lesson Viewed

Defense of Others

This lesson covers the subject of defense of others. In many respects an actor's right to defend another parallels his or her right to defend himself or herself. However, there are some specific exceptions and nuances that must be understood. It is the purpose of this lesson to cover those specifics and nuances in the context of some classic scenarios.

Lesson Viewed

Defining the Term "Search"

This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search. In this lesson, we explore the various facets and definitions of the term. This lesson is intended for students who have studied these issues in class and who would like to refine their knowledge.

Lesson Viewed

Discharge of Duties: Discussions in Contracts Podcast

This podcast discusses a discharge of duties such that parties do not have to perform their contractual obligations and cannot demand performance under the other party's contract. Consideration is required to support enforcement of an agreement, including a modification of a contract resulting in a discharge of duties. This podcast will look at discharge by rescission, substituted performance, substituted contract, novation, and accord and satisfaction. We will also look at when a discharge is enforceable where it is supported by consideration, including where there is the use of an instrument under U.C.C. § 3-311. The podcast steps you through analyzing numerous hypos. 

Lesson Viewed

Discovery Privileges: Work Product

This lesson is part of a series of lessons about Discovery. Rule 26(b) of the Federal Rules of Civil Procedure describes the scope of discovery: This lesson will explore the doctrine of attorney work product. Material that falls under the work product doctrine ordinarily need not be produced in discovery, even if it is extremely relevant.

Lesson Viewed

Discovery Privileges: Attorney-Client Privilege

This lesson is part of a series of lessons about Discovery. If something is privileged, then, it is not discoverable even though it is relevant and proportional. This lesson will explore the doctrine of attorney-client privilege in the context of civil discovery in federal court litigation. Communications protected by the privilege are not discoverable, even if they are extremely relevant.

Lesson Viewed

Discovery Processes

This lesson is part of a series of lessons about Discovery. Discovery is the process through which the parties exchange information, documents, electronically-stored information, and sometimes even tangible things. This particular lesson focuses on the processes lawyers use to create, respond to, and have disputes about discovery.

Lesson Viewed

Express Conditions: Discussions in Contracts Podcast

The topic of this podcast is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments and wants to avoid being in breach of contract. This podcast is related to the discussion of conditions in two other podcasts: Excuse of Conditions and Implied Conditions. This podcast discusses Clark v. West Publishing Company, and explains why drafters should use terms such as “if” or “on condition that” to make it clear that a term is a condition. 

Lesson Viewed

Third Party Beneficiaries: Discussions in Contracts Podcast

This podcast discusses the topic of Third Party Beneficiaries. When can a person who is not party to a contract sue to enforce the contract? While the rule can be found in Restatement (Second) of Contracts § 302, it can be difficult to apply. This podcast explains how to determine the intent of the parties when considering whether the third party is a third party beneficiary. Concepts covered in this podcast include an incidental beneficiary, creditor beneficiary, and an intended beneficiary. The podcast includes the analysis for several hypotheticals and Lawrence v. Fox, 20 N.Y. 268 (1859). 

Lesson Viewed

Discussions in Contracts: Acceptance Podcast

The topic of this podcast is the basic concepts related to acceptance of an offer. Acceptance is simply the name given to the action of an offeree in making the offeror’s promise enforceable. This podcast will look at the basic attributes of acceptance, as well as specific issues related to the mirror image rule, the permitted method and manner of acceptance, and acceptance by silence.

Lesson Viewed

Accord and Satisfaction: Discussions in Contracts Podcast

This podcast explains the concept of Accord and Satisfaction, with a focus on when an accord is formed and when performance under the accord results in a satisfaction. This concept differs from modification. With accord and satisfaction, one party has completed performance and the other party’s only obligation is to render its performance -- usually the payment of money. So the party who has performed is in the position of a creditor and the party who has not performed is in the position of a debtor.

Lesson Viewed

Agreements Lacking Consideration: Past Consideration and Moral Obligation - Discussions in Contracts Podcast

This podcast explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. The cases Mills v. Wyman and Webb v. McGowin are discussed. 

Lesson Viewed

Assignment and Delegation: Discussions in Contracts Podcast

The topic of this podcast is when rights under a contract may be assigned to third parties, and when duties may be delegated to third parties. Using hypotheticals to illustrate, it discusses the exceptions that limit the transfer of rights and duties to a third party. The assignability of the right to receive money, and the liability involved with the delegation of a duty to pay money, are also covered. Finally, it examines prohibitions of assignment of rights or delegation of duties, including what it means to enforce such a prohibition. UCC Article 9, UCC § 2-210(5), and UCC § 2-210(6) are discussed. 

Lesson Viewed

Certainty: Discussions in Contracts Podcast

The topic of this podcast is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff's recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, "Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty." The podcast discusses what certainty requires and the purpose behind certainty. It further discusses when certainty might apply - such as in cases involving a new business or lost royalties - methods of proving certainty, and how certainty is treated in the courts. Several hypotheticals are explored, as is the case Freund v. Washington Square Press.  

Lesson Viewed

Discussions in Contracts: Defenses Overview Podcast

The topic of this podcast is an introduction to defenses to enforcement of a contract based upon defects in the bargaining process, capacity of one of the parties, or public policy. There are three sets of defenses to enforcement of a contract which is otherwise valid. The first set of defenses relate to capacity to contract. There are three capacity related defenses: (i) infancy (where a party is a minor, meaning below the age of majority), (ii) mental illness or defect; and (iii) intoxication.

Lesson Viewed

Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts Podcast

The topic of this podcast is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include express warranties, the implied warranty of merchantability,  and disclaiming liability for consequential damages. Examples include an analysis of sections 2-312 and 2-316.

Lesson Viewed

Discussions in Contracts: Duration of Offers Podcast

The topic of this podcast is how to determine the duration of the power of acceptance in the offeree and whether that power of acceptance has been terminated. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place by virtue of an offer by the offeror, which is then followed by an acceptance by the offeree. Once an offer is terminated, the power of acceptance is no longer present unless the offeror revives the offer at a later time.

Lesson Viewed

Discussions in Contracts: Duress and Undue Influence Podcast

There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid. The topic of this podcast is the basic concepts related to two of the assent related defenses, duress and undue influence. The defense of duress exists to protect against contracts that are obtained by some type of threat or coercion. The defense of undue influence exists for a more specialized role, to protect against assent obtained by unfair persuasion.

Lesson Viewed

Excuse of Conditions: Discussions in Contracts Podcast

This podcast explains when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause a hardship. This podcast is related to the discussion of conditions in two other podcasts: Express Conditions and Implied Conditions, and contrasts the court’s application of excuse of conditions with express conditions. The podcast includes an explanation of restitution as it relates to excuse of condition as well as a brief explanation of Clark v. West Publishing Company. The podcast concludes with an explanation of Restatement (Second) of Contracts § 229.

Lesson Viewed

Foreseeability: Discussions in Contracts Podcast

The topic of this podcast is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules. It also looks at how Article 2 of the UCC handles disclaimers for liability for consequential damages. 

Lesson Viewed

Good Faith: Discussions in Contracts Podcast

The topic of this podcast is the basic concept of good faith. Good faith, sometimes called the covenant of good faith and fair dealing, is an implied term in a party's obligation of performance in every contract. The podcast examines both the subjective and objective standards of good faith. It discusses the obligations of good faith under the common law - as expressed in Restatement (Second) of Contracts § 205 - and the Uniform Commercial Code § 1-304. It provides some history on the evolution of good faith in UCC Articles 1 and 2, and considers the variations on the definition of good faith adopted among the jurisdictions. Finally, the podcast covers the consequences of a breach of good faith. The cases of Reid v. Key Bank, Billman v. Hensel, and Neumiller Farms v. Cornett are discussed.

Lesson Viewed

Implied Conditions: Discussions in Contracts Podcast

This podcast will explain when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and the Excuse of Conditions that is used by courts to avoid harsh results of conditions. Additionally, this podcast provides hypotheticals that illustrate the relationship between implied conditions and the rule of constructive conditions of exchange.

Lesson Viewed

Discussions in Contracts: Impossibility, Impracticability and Frustration Podcast

The topic of this podcast is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the nonoccurrence of which are basic assumptions of a contract. This podcast covers the three distinct grounds for excuse provided by contract law: (i) impossibility; (ii) impracticability; and (iii) frustration of purpose.

Lesson Viewed

Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts Podcast

This podcast explains how to determine if the offer is one that can be accepted by a return promise, a return promise or performance or whether a return performance is required. Sometimes you will hear reference to bilateral and unilateral contracts. The terms bilateral and unilateral do not relate to the number of parties to the contract. Instead, a bilateral contract is where there is a set of mutual promises made by both parties.

Lesson Viewed

Discussions in Contracts: Misunderstanding and Mistake Podcast

There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses. The topic of this podcast is the basic concepts related to the assent related defense of mistake. This podcast will also distinguish the doctrine of misunderstanding, which sometimes gets confused with mistake. Misunderstanding is not a defense at all, but a doctrine that when used prevents contract formation.

Lesson Viewed

Mitigation: Discussions in Contracts Podcast

This podcast explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The podcast also discusses Rockingham County v. Luten Bridge Co. and the twist on the common law rule of mitigation found in U.C.C. § 2-704. 

Lesson Viewed

Discussions in Contracts: Offer Podcast

The topic of this podcast is the basic concepts related to offers. In particular, the podcast examines the basic attributes of offers and also looks at the particular types of communications that are typically not offers, such as advertisements and price quotations. Cases discussed include Lefkowitz v. Great Minneapolis Surplus Store (fur coat ad) and Fairmont Glass Works v. Cruden-Martin Woodenware Co.

Lesson Viewed

Discussions in Contracts: Option Contracts and Firm Offers Podcast

The topic of this podcast is how to determine whether the offeror can terminate the offer or whether the offer is irrevocable. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place by virtue of an offer by the offeror, which is then followed by an acceptance by the offeree. Typically, an offeror can revoke an offer freely at any time prior to acceptance, but at times an offer is irrevocable. An offer may be found to be irrevocable in four situations, discussed in this podcast.

Lesson Viewed

Discussions in Contracts: Statute of Frauds Podcast

The topic of this podcast is the basic concepts related to the types of contracts governed by the statute of frauds -- that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing satisfies the statute, and exceptions to the statute where a writing is not required.

Lesson Viewed

Discussions in Contracts: Statute of Frauds under UCC § 2-201 Podcast

The topic of this podcast is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when there’s a contract for the sale of goods for the price of $500 or more and has many exceptions, such that many contracts can be concluded without a writing.

Lesson Viewed

The Basics of Consideration and the Bargain Theory: Discussions in Contracts Podcast

This podcast examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast discusses several hypotheticals and also the following cases: Schnell v. Nell, 17 Ind. 29 (1861), Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891), and Basatkis v. Demotsis, 226 S.W.2d 673 (Tex. Civ. App. 1949).

Lesson Viewed

U.C.C. § 2-207: Finding the Terms of the Contract: Discussions in Contracts Podcast

The topic of this podcast is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation of the Contract. It would probably be helpful to listen to that one before listening to this one. The third podcast covers Written Confirmations.

Lesson Viewed

U.C.C. § 2-207: Formation of the Contract: Discussions in Contracts Podcast

The topic of this podcast is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen to the podcasts in sequence. This podcast discuses the "mirror image" and "last shot" rules.

Lesson Viewed

U.C.C. § 2-207: Written Confirmations: Discussions in Contracts Podcast

The topic of this podcast is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. The second covered Finding the Terms of the Contract.

Lesson Viewed

Diversity Jurisdiction

This lesson is designed to help students understand the basic principles of diversity and alienage jurisdiction in the federal district courts. It examines both the constitutional authority for diversity and alienage jurisdiction, U.S. Const. Art. III, § 2, and the statutory provisions that bestow diversity and alienage jurisdiction on the federal district courts, 28 U.S.C. § 1332(a)(1)-(a)(3). It consists of both text and explanatory problems.

Lesson Viewed

Don't Compartmentalize! Transfer is the Key to Law School Success

One of the best ways to learn and remember something is to connect it to something that you already know. Once you have made that connection, it becomes easier to use the new information, because you are connecting it to something that you already understand. Making these connections is called transfer. You can transfer vertically (i.e. from one topic in criminal law to another, or from Contracts 1 to Contracts 2), or you can transfer horizontally from course to course (i.e. from contracts to criminal law).

Lesson Viewed

Drafting a Contract: The Sale of Goods

This exercise reviews some substantive principles of contract law and demonstrates the application of that substance to the process of drafting. The exercise begins with a form contract that the user must rewrite to suit the needs of the client. On completion, the user has reviewed applicable principles from both the common law and the U.C.C. In addition, the user has learned principles of drafting that can be applied either to revision of a form or to drafting from scratch.

Lesson Viewed

Drafting Contracts Using 'Shall', 'May' and 'Must'

A large percentage of litigation arising out of contracts results from poor drafting. In order to eliminate this litigation, it is imperative that students and legal professionals master good drafting skills. One of the most important aspects of drafting a contract is the operative language--language that affects legal relationships. This lesson is designed to introduce law students to operative language commonly used in drafting contracts, in particular, language of obligation (shall), language of authorization (may) and language of condition precedent (must).

Lesson Viewed

Duration of Offers

This lesson deals with the duration of offers. The existence of an offer is often an essential element of the bargaining process. Sometimes the offeree's power of acceptance will end so that the offer is no longer valid. This lesson will look at termination of the power of acceptance by termination of the offeror, revocation and counteroffer, rejection, death and lapse.

Lesson Viewed

Duty to Retreat

This lesson covers the subject of the duty to retreat as a requirement for the justification defense of self-defense. The lesson reviews the common law and current status of the duty to retreat. This subject matter is not particularly complicated, but there are some details that require close scrutiny.

Lesson Viewed

Easements Appurtenant and in Gross

This lesson examines the distinction between easements appurtenant (easements that exist to benefit another parcel of land) and easements in gross (easements that benefit an individual or business entity without regard to his or its ownership of land). The distinction is a crucial one in determining who is entitled to the benefit of the easement and how the easement may be used.

Lesson Viewed

Easements Defined

This lesson introduces the law of easements by describing the typical scenario in which the need for an easement arises, examining alternatives to the creation of an easement, offering a legal definition of an easement and summarizing the key sub-issues that arise in this legal area.

Lesson Viewed

Easements Implied from Prior Existing Use

This lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit.

Lesson Viewed

Electronic Discovery

Discovery is the court-related process during litigation through which the parties exchange information relevant to the dispute, including "documents" and "things." In 1970, the rule was amended to add "data compilations." As digital methods of communication and data storage became increasingly common, the discovery rules changed again. They now include a separate category called "electronically stored information" (ESI).

Lesson Viewed

Email Correspondence: Ethical and Professional Considerations

This is one in a series of lessons directed at the ethical and professional considerations associated with the production of particular lawyering documents. This lesson is intended to introduce first year law students to the ethical and professional considerations associated with email correspondence in law practice. No prior instruction in professional responsibility is required.

Lesson Viewed

Equitable Remedies - An Overview

This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.

Lesson Viewed

The Erie Doctrine: Basics

The Erie Doctrine has befuddled Civil Procedure students for decades, but this lesson will take you through the basics: Why is there an Erie Doctrine? When does it apply? How does it apply? How do you tell the difference between substantive and procedural law?

Lesson Viewed

The Establishment Clause - Prevailing Tests

This lesson is designed to introduce you to the Establishment Clause of the First Amendment to the United States Constitution. It is one of a number of lessons on the religion clauses (which include the Establishment Clause and the Free Exercise Clause), and the first of several lessons on Establishment Clause issues. It is intended for students who have studied these issues and wish to refine their knowledge.

Lesson Viewed

Estate in Fee Tail

This lesson will introduce students to the estate in fee tail, one of the traditional estate in land recognized by Anglo-American Law. While the fee tail has been abolished in most American jurisdictions, it continues to be recognized in modified form in a few states. Understanding the fee tail will give you a better understanding of the system of estates in land as a whole.

Lesson Viewed

The Estate System

This lesson and Basic Future Interests are designed to provide a comprehensive interactive tutorial with a scope corresponding to the usual coverage of estates and elementary future interests in the typical first-year property course. They are designed to be useful either for review or as a "first learning exposure" to the subjects covered.

Lesson Viewed

Ethical Considerations for Legal Memo Writing

This is one in a series of lessons directed at the ethical and professional considerations associated with the production of particular lawyering documents. This lesson is intended to introduce first year law students to the ethical and professional considerations associated with the preparation of predictive, interoffice memoranda. It is assumed that students are familiar with predictive, interoffice memoranda. No prior instruction in professional responsibility is required.

Lesson Viewed

European Union Research

This lesson provides an overview of the history and structure of the European Union, followed by an introduction to researching European Union documents, specifically EU treaties, regulations, directives, and opinions of the European Court of Justice. The European Union is a truly unique structure which represents over half a century of cooperation between select nations.

Lesson Viewed

Evaluating Web Sites

This lesson will provide the student with the tools to effectively judge the content of web pages. Included in the exercise are four criteria for evaluation: authority, accuracy, comprehensiveness and currency. Each of these concepts is defined through the use of descriptive text followed by screen images of actual law-related web sites to illustrate the concepts.

Lesson Viewed

Evidence for Procedure Students

This exercise has two purposes. The first is to engage students actively in legal analysis. Hence, the exercise contains some difficult questions that require careful thought. The second is to provide a survey of the rules of evidence in order to give students a deeper understanding of other subjects studied in Civil Procedure courses.

Lesson Viewed

Exam Taking Skills, Outlines, and Advice for Law Students: Panel 1 PodCast

CALI's Director of Curriculum Development, Deb Quentel, spoke with six law professors about outlines, studying for class, preparing for exams, time management, and how professors grade exams. The conversations were recorded as podcasts. While these podcasts are not intended to take the place of a conversation with your professor, the professors hope that these podcasts give law students additional insight into the exam process.

Panel 1: Professors Ron Eades, John Farago, Patrick Wiseman

Lesson Viewed

Exam Taking Skills, Outlines, and Advice for Law Students: Panel 2 PodCast

CALI's Director of Curriculum Development, Deb Quentel, spoke with six law professors about outlines, studying for class, preparing for exams, time management, and how professors grade exams. The conversations were recorded as podcasts. While these podcasts are not intended to take the place of a conversation with your professor, the professors hope that these podcasts give law students additional insight into the exam process.

Panel 2: Professors Ron Brown and Joe Grohman

Lesson Viewed

Exam Taking Skills, Outlines, and Advice for Law Students: Panel 3 PodCast

CALI's Director of Curriculum Development, Deb Quentel, spoke with six law professors about outlines, studying for class, preparing for exams, time management, and how professors grade exams. The conversations were recorded as podcasts. While these podcasts are not intended to take the place of a conversation with your professor, the professors hope that these podcasts give law students additional insight into the exam process.

Panel 3: Professor Darryl Wilson

Lesson Viewed

Excuses II: Insanity and Infancy

Excuses II covers the excuses of insanity and infancy. As in Excuses I, the connection between these defenses and other issues in the analysis of criminal liability is emphasized. Excuses II is a freestanding exercise and provides a general introduction to the concept of an excuse. Still, it's probably best used in conjunction with Excuses I.

Lesson Viewed

Expectation Damages

When the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. This lesson explains how those damages are calculated. It can be run either as an introduction to expectancy damages or as a review after you have completed your study.

Lesson Viewed

Exploring Article 2

The goal of this lesson is to take the user systematically through UCC Article 2. The lesson accomplishes this goal by having the user study a contract for the sale of goods. The concepts of Article 2 are thereby seen in the practical setting in which they are applied. Conversely, study of the contract reveals the source of each of the included provisions in the law. The user becomes familiar with the default rules and how those rules might be changed on behalf of a client. The user finishes with knowledge of the Code and how the Code may be applied in practice when drafting a contract.

Lesson Viewed

Express and Implied Contracts

Contracts are sometimes referred to as express or implied. Implied contracts are in turn often referred to as contracts implied-in-fact or implied-in-law. The difference between express contracts and implied-in-fact ones results from the conduct of the party in making the promise constituting the assent to the contract. Implied-in-law or quasi-contracts, however, are not really contracts at all, but merely a remedy in restitution. This lesson explores the nature of express contracts, implied-in-fact and implied-in-law contracts.

Lesson Viewed

Express Easements

This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson.

Lesson Viewed

False Imprisonment

This lesson explores the intentional tort of false imprisonment. Beginning with identification of the interest the tort protects, the questions become more and more challenging as they explore the nature of the confinement necessary and appropriate damages. Since the greatest use of the tort today probably is in arrest for shoplifting, the lesson includes a tightly fact-bound question about a person detained for shoplifting. The lesson concludes with false imprisonment in two tough situations: religious deprogramming and nursing home confinement.

Lesson Viewed

Federal Legislative History Research - Compiled Legislative History

Compiled legislative histories are collections of the documents that make up the legislative history of a law. They save researchers the time and frustration of collecting the documents themselves. This lesson builds upon the CALI lesson How to Research Federal Legislative History. While it is not essential to complete that lesson first, doing so will improve your understanding of compiled legislative histories.

Lesson Viewed

Federal Tax Research

This lesson on federal tax research covers the legislative, administrative, and judicial materials used in the specialized area of tax law. A basic knowledge of primary sources such as statutes, regulations, and cases; secondary sources such as treatises, law reviews, newsletters, citators, digests, and periodical indexes is assumed. Federal taxation is a specialized field with many publications devoted solely to federal taxes.

Lesson Viewed

Fee Simple Absolute

In the Anglo-American legal system land is not owned directly. Rather, people own legal interests in land. The reason land is owned in this way goes back to the feudal origins of land holding in England. The fee simple absolute is one of the estates in land, which emerged from that system.

This lesson will help you understand: (1) the legal concept of an estate in land, (2) the legal characteristics of the fee simple absolute, and (3) what is necessary to create a fee simple absolute.

Lesson Viewed

Financing Real Estate Transactions: A Basic Introduction

This exercise is designed as a basic introduction for the beginning student to the fundamental principles involved in real estate financing . However, real estate financing is a complicated topic and best dealt within an upper division Real Estate Finance class. So, this interactive tutorial will not complete the topic, except as typically addressed in a first year Property class.

Lesson Viewed

Finders of Personal Property

This lesson covers the law governing the rights of finders of personal property which is generally covered near the beginning of a Property course in law school. It addresses the possibility that the personal property might be lost, mislaid or abandoned because the true owner is unknown.

Lesson Viewed

Finding Statutes

This lesson is intended to teach you the basic approaches to finding statutes. It is assumed that you are already familiar with the forms of statutory publication when you run this lesson. See the lessons "Introduction to State and Federal Statutes" or "Forms of Federal Statutory Publication" or "Codification" if you need to review these matters first.

Lesson Viewed

Finding The Rule

The lesson introduces several common rule structures and tests recognition of each. The lesson challenges the student to recognize the rule of law as it appears in several cases.

Lesson Viewed

Foreseeability

The damages a plaintiff can recover for breach of contract are limited to those that are reasonably foreseeable at the time of contracting. This lesson explores the concept of foreseeability from its origin in the Hadley rule to more contemporary applications. The lesson can be run either as an introduction to foreseeability or as a review after you have completed your study.

Lesson Viewed

Forms of Federal Statutory Publication

The four forms of federal statutory publications are slip laws, session laws (or advance session laws), Codes, and Annotated Codes. As a researcher, you will most frequently use an Annotated Code for accessing federal law. It is, however, important to understand each stage of federal legislative publication and the implications for research.

This lesson is designed to give you an introduction to the intricacies of federal statutory publication. You should understand how the different forms are interconnected as well as the differences between them by the completion of this lesson.

Lesson Viewed

Fourth Amendment Overview

This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

Lesson Viewed

Freedom of Speech: Underpinnings and Justifications

This lesson focuses on the justifications for giving Freedom of Speech, as protected under the First Amendment to the United States Constitution, a privileged and preferred position vis-à-vis other rights. It begins with an analysis of historical antecedents, and concludes with an analysis of the justifications themselves. The lesson is intended for students who have studied these issues in class and wish to refine and enhance their knowledge.

Lesson Viewed

Future Interest Rules

This lesson reviews the key aspects of the Merger Rule, the Rule in Shelley's Case and the Doctrine of Worthier Title. These three rules transform future interests in certain types of conveyances and should be learned after one has mastered the classification of estates and future interests and before one studies the Rule Against Perpetuities.

Lesson Viewed

General Concepts of Damages in Torts

This lesson introduces the student to the structure, function, and terminology of the law of damages in the context of torts cases. It deals with the concept of general and special damages and presents questions that help students distinguish the two categories. Problems of measurement of damages are introduced, and nominal damages are briefly considered.

Lesson Viewed

General Professional Standard

This lessons discusses the standard of care of professionals. The initial sections illustrate the general duty of professionals and highlight special problems associated with the professional standard. Special attention is then directed toward the malpractice action against attorneys.

Lesson Viewed

Gifts I: Inter Vivos Gifts

This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts.

Lesson Viewed

Good Faith

This lesson considers probably the most common type of implied term, that of good faith. At common law, courts often supply a term requiring the parties to exercise "good faith" or "good faith and fair dealing". Moreover, for the sale of goods, the UCC provides that every contract is subject to good faith requirements, which cannot be disclaimed by agreement.

Lesson Viewed

Healthcare Law Research: An Introduction

This lesson is an introduction to health law with a concentration on health care law and is intended for use by upper level students interested in researching health law and policy. However, this lesson may be utilized by any researcher interested in brushing up on their legal research skills. The goal of this lesson is to (1) provide an understanding of the regulatory scheme of health care institutions at both the state and federal level; and (2) give a critical overview of the features of analytical materials (secondary sources) that you may utilize for more in-depth understanding.

Lesson Viewed

Help! I am Zoning Out!

This lesson is designed to provide students with data about why their attention levels may dip during class or studying, including recent research regarding the effects of digital distractions on concentration. The lesson invites students to reflect upon the reasons they may lose focus and/or concentration while in class or while studying, and provides a robust set of strategies students can use to anticipate and control for that loss of focus, incorporating several free-writes.

Lesson Viewed

Homicide (Causation)

This is one of a series of lessons on homicide, and one of two lessons on the issue of causation in homicide cases. While some crimes require only a prohibited act, with the necessary mental state, other crimes are referred to as "result" crimes. In other words, in order to be convicted, the defendant must "cause" a prohibited result (with the required mens rea and with proof of required attendant circumstances). Homicide is the quintessential result crime in that defendant must have "caused" the death of another in order to be convicted. In this lesson, we explore the concept of causation (both actual and legal) in an effort to determine when, and under what circumstances, a defendant should be criminally accountable for the death of another. This lesson is intended for students who have studied these issues in class, and who wish to refine their knowledge and understanding of the topic.

Lesson Viewed

Homicide (Causation - Part II)

This is one of a series of lessons on homicide, and one of two lessons on the topic of causation as applied in homicide cases. Although some crimes require only a mens rea and an actus reus (and, perhaps, an attendance circumstance), other crimes are "result" crimes in that they also require proof that defendant "caused" a particular result. Homicide is the quintessential result crime. This lesson builds on an earlier lesson dealing with causation in homicide cases by focusing on the Model Penal Code's approach to causation. This lesson is intended for students who have studied the MPC's causation provisions in class, and who wish to refine their understanding of the topic.

Lesson Viewed

Homicide (Defining Death and Life)

This is one of a series of lessons on homicide, and it examines the definitions of "death" and "life" for purposes of the law of homicide. Homicide is a "result" crime in that defendant must have caused the death of another person, and questions necessarily arise regarding when life begins and when life ends. In this lesson, we explore questions related to the definition of death and life in the law of homicide. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance their knowledge of the topic.

Lesson Viewed

Homicide (Felony Murder)

This is one of a series of lessons on homicide, and it deals with the topic of felony murder. At common law, one way to commit murder was to show that defendant caused the death of another during commission of a felony (the so-called "felony murder doctrine"). This lesson examines that doctrine. It is intended for students who have studied the doctrine in class and who seek to refine their knowledge and understanding of the doctrine.

Lesson Viewed

Homicide (Involuntary Manslaughter)

This is one of a series of lessons on homicide. In earlier lessons, we focused on the crime of murder, examining the common law, modern statutes and the Model Penal Code formulation. In this lesson, we continue our examination of homicide by focusing on the crime of involuntary manslaughter. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance their knowledge and understanding of the topic.

Lesson Viewed

Homicide (Murder by Degrees)

At common law, as well as under modern statutory codes, the crime of murder was defined as a homicide committed with "malice aforethought." Some modern statutes divide the crime of murder into degrees. In this lesson, we examine these statutes in an effort to see when and how they apply. The lesson is intended for students who have studied the murder by degree statutes in class, and who wish to refine and enhance their knowledge and understanding of the topic.

Lesson Viewed

Homicide (Murder)

At common law, as well as under modern statutory codes, the crime of homicide was (and is) divided into various component crimes. In addition to the crime of murder, the most serious crime, there are other crimes (e.g., voluntary manslaughter, involuntary manslaughter, etc.). This lesson provides an overview of the crime of murder by examining how that crime was handled under the common law, as well as how it is handled under the Model Penal Code, and other modern statutory approaches. Subsequent lessons will provide more detailed examination of these topics. This lesson is intended for students who have studied the crime of murder in class, and who wish to refine and enhance their knowledge and understanding of the topic.

Lesson Viewed

Homicide (Unlawful Act Manslaughter)

This is one of a series of lessons on homicide. Earlier lessons provide an overview of the crime of homicide, and individual lessons focus on such topics as murder, manslaughter and other crimes. This lesson focuses on the so-called unlawful act manslaughter doctrine. The lesson is intended for students who have studied this doctrine in class and who wish to refine their knowledge of the topic.

Lesson Viewed

How to Brief a Case

This is an exercise designed to introduce first-semester law and graduate students to the basic elements of a typical case "brief" and to teach them general methodology for writing their own briefs. The exercise consists of three parts: (1) an introduction to the purposes and uses of a case brief; (2) a detailed examination of each of the ten components of a typical case brief (with examples); and (3) two actual cases that students are asked to read and then to brief, using the methodology described in this exercise. A sample brief for each of the two cases is also provided, thereby allowing students to correct and modify their briefs by way of comparison.

Lesson Viewed

How to Learn from Exams

This lesson explores one of the fundamental lawyering skills, which is self assessment. This lesson looks at how to learn from success and failures. Primarily, it focuses on what to do after a quiz, midterm, or final exam, and how to continue learning from those assessments.

Lesson Viewed

How to Prepare for the Study of Torts Law PodCast

Professor Ron Eades has taught Torts Law for over 25 years. In this podcast Prof. Eades offers advice on preparing for class, classroom dynamics, note taking, post-class studying, outlining, ways to measure your progress, "pitfalls" to studying Torts, what students should try and get from class. He also offers general advice for 1Ls starting law school and the study of Torts.

Note from CALI: The podcast mentions an article: Leon Greene, The Study and Teaching of Tort Law, 34 Tex. L. Rev. 1 (1955). This article is now available through the online research services. (Aug. 2014)

Lesson Viewed

How to Research U.S. Patent Law

This lesson covers the basics of how to research U.S. patent law. It covers both print and online resources, and gives you a thorough introduction to the primary sources of patent law. It also demonstrates the various types of secondary resources that can be useful when researching patent law.

Lesson Viewed

Hyped About Hypos

Law students often hear about the importance of "doing hypos" but don't know why they are important, where to find them, how to do them, and so on. This lesson will cover the what, why, when, where, and how of hypos so law students can conquer the material they are learning and be prepared for exams.

Lesson Viewed

Idaho Legal Research: Primary and Secondary Resources

This lesson will familiarize you with primary and secondary sources available in Idaho. It covers the Idaho primary law including the Idaho Constitution, statutes, legislative history, municipal codes, administrative law, and court decisions. The secondary sources portion of the lesson provides a general overview of secondary sources and how you can use them in your research as well as coverage of Idaho specific secondary sources.

Lesson Viewed

Implied Easements of Necessity

This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it.

Lesson Viewed

Implied Terms

The terms of a contract include express and implied promises, conditions, provisos and presuppositions that bind the parties. Contracts often have "gaps" in them, either intentionally or unintentionally left that way by the parties. This exercise considers how courts supply terms to fill those gaps both at common law and under the UCC.

Lesson Viewed

Impossibility, Frustration, and Impracticability

This lesson takes a look at the doctrine of excuse. In particular, we will look at the doctrines of impossibility, frustration of purpose and impracticability. Each of these doctrines excuses performance of the parties to the agreement. This lesson sets out the basic requisites for when courts excuse contract performance and evaluating those situations that merit excuse. The general attributes of contract formation and breach are covered in other lessons.

Lesson Viewed

Indefiniteness

At common law, in order for a contract to be binding on the parties, the terms must be sufficiently definite or the contract will fail. This lesson explores the boundaries of the doctrine of indefiniteness.

Lesson Viewed

Installment Contracts

This lesson helps the user identify when a contract is an installment contract and understand the special rules that apply to installment contracts. The lesson is confined to installment contracts for the sale of goods, focusing on UCC sec. 2-612.

Lesson Viewed

Intent One: The Use of Intent in Tort

This is an exercise requiring the student to apply the concept of intent, as defined in Restatement (Second) of Torts. The student is asked (1) to approve or disapprove asserted propositions applying the concept to a fact situation; (2) to identify the errors in erroneous propositions; (3) to indicate how erroneous propositions can be corrected; and (4) to identify, in the role of associate counsel at trial, appropriate grounds of objection to a proposed charge to the jury.

 

Lesson Viewed

Intentional Torts and Defenses

This lesson is designed to lead the student through exploration of the intentional torts and their defenses. It is divided into intent, torts against person, torts against property, and defenses. Each of these sections is subdivided: for example, the torts against person section contains questions on battery, assault, false imprisonment, and intentional infliction of emotional distress. This organization allows use of the lesson in various ways.

Lesson Viewed

An Interpleader Primer

As its name implies, this lesson is designed to give the student an introduction to the subject of interpleader. The lesson briefly describes the concept of interpleader and some of the historical limitations on the remedy, but its focus is on interpleader under the federal statute and Rule 22.

Lesson Viewed

Interpretation of Contracts

Interpretation involves an ascertainment of the meaning of the words and provisions of a contract. Whereas "construction" of a contract relates to the legal effect of the words used by the parties, "interpretation" addresses the meaning of the parties. Whose meaning is to be given effect with respect to certain contract terms? What evidence may be taken into account when courts engage in interpretation? In this lesson, the parol evidence rule will be considered with respect to the admissibility of extrinsic evidence to determine the meaning of the contract as formed.

Lesson Viewed

Interpreting the Language of Conveyances

In property, trusts and estates, or wills students learn a range of technical language for creating estates and interests in land and other property. They have probably prepared themselves to recognize these "magic words" and identify the interests they create. They may even find themselves enjoying this linguistic exercise, feeling as though here, finally, is an area of law in which there are "right" and "wrong" answers.

Lesson Viewed

Intervening Cause

This lesson deals with the question of when and why an event that intervenes between the defendant's negligence and the plaintiff's injury may have the result that the defendant is relieved of liability for the injury.

Lesson Viewed

Introduction and Sources of Authority for Administrative Law

This exercise begins with some general background questions to help students place administrative agencies within the greater Constitutional scheme. These questions also address the various powers agencies wield, and the ways they are created. Then the exercise examines sources that offer specific details on individual agencies; it goes on to briefly discuss procedural rules, policy statements, and the process of promulgating regulations.

Lesson Viewed

Introduction to Homicide

This lesson provides a basic overview of the law of homicide. It is an introductory lesson to get you started on distinguishing criminal from noncriminal homicide, identifying the elements of homicide, and analyzing the varying degrees of homicide. The lesson guides you through applying the basic concepts of actus reus, mens rea and causation to homicide offenses and provides an analytical framework for approaching homicide problems. Finally, it provides separate practice questions and an opportunity to try out the problem-solving approach on an exam-type question.

Lesson Viewed

Introduction to Secondary Resources

This lesson will provide an overview of secondary resources used in legal research. Secondary resources are books and other material ABOUT legal subjects and issues: they discuss and explain primary resources such as cases and statutes and can be useful in assisting our understanding about specific areas of law. The student will learn about the different types of secondary resources and what secondary resources are most useful for specific types of legal research tasks.

Lesson Viewed

Invitations to Negotiate and other Expressions that are not Offers

This lesson explores invitations to negotiate/preliminary negotiations and other statements and expressions that are not offers, including advertisements, invitations to bid, price quotations and statements of intention. Determining whether a particular communication is an offer or preliminary negotiation (a matter determined according to the surrounding circumstances) prior to the formation of contract is essential to the determination of whether a contract exists.

Lesson Viewed

Iowa Legal Research: Primary Resources

This lesson is intended to familiarize the user with the types of primary legal research materials you will encounter when researching Iowa law. The lesson focuses on primary source material including: the Iowa Constitution, Iowa statutes, codes, and administrative law, the Iowa court system, and Iowa cases. The lesson is aimed primarily at students and professionals who will be learning about these materials for the first time. Thus, no prior knowledge of Iowa legal research is necessary to follow this lesson.

Lesson Viewed

Iowa Legal Research: Secondary Resources

This lesson will introduce the reader to secondary research sources for Iowa legal research. The lesson will begin with a discussion of finding aids, and will then transition to a discussion of the following secondary resources: Treatises & Practice Materials, Legal Periodicals & Restatements, and sources for Iowa Legal Forms. The lesson is primarily intended as an introduction to these sources but can also be used as a refresher for the seasoned Iowa attorney.

Lesson Viewed

IRAC

This lesson will cover the basic structure of written legal analysis: IRAC. IRAC stands for Issue, Rule, Application/Analysis, Conclusion. There are slightly different versions of IRAC which may be used for different legal documents. This lesson will focus on IRAC for essay exam writing. Some faculty may prefer CRAC, or CIRAC, where the conclusion is placed first. You may also learn CRREAC for writing legal memos and briefs, which stands for Conclusion, Rule, Rule Explanation, Application, Conclusion.

Lesson Viewed

Issue Preclusion

This lesson presents the elements of issue preclusion, sometimes referred to as "collateral estoppel", and exceptions to the doctrine. This lesson will explore the elements of collateral estoppel and the questions of who may be bound by, or take advantage of, the prior adjudication. Another lesson will address the question of whether an adjudication in one jurisdiction can preclude relitigation in a second jurisdiction.

Lesson Viewed

Issue Spotting

This lesson explores one of the fundamental lawyering skills, which is to be able to spot issues. This lesson looks at what an issue is, and best practices in spotting them in cases, with clients, and on exams. Students will go through basic issue spotting exercises to better prepare for exams.

Lesson Viewed

Joinder of Claims and Parties

This exercise is designed to help students learn the principles of joinder under the Federal Rules of Civil Procedure. It is designed to be used in different ways. Students may use it as a tutorial to accompany assigned readings, as a supplement to reinforce concepts discussed in class, or as a review before exams. The tutorial is interactive, requiring the student to respond to various questions and hypotheticals to learn the principles embodied in the rules. It does not assume any specific knowledge of the joinder rules - it is designed to teach the rules from the beginning.

Lesson Viewed

Joint Tenancy

This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.

Lesson Viewed

Justification Defenses: Excuse Defenses Distinguished

This lesson focuses on the distinctions between justification and excuse defenses. Many of the major legal scholars and commentators have distinguished justification and excuse defenses. However, the modern view often blurs the distinction. This lesson points out the principal theoretical distinctions as well as the areas of substantial confusion or controversy with respect to classification, both at common law and under the Model Penal Code. The exercise also describes those circumstances in which classification one way or the other makes a difference.

Lesson Viewed

Lack of Capacity

This lesson explores the capacity defense to contract formation, including when a contract may be avoided because of the minority, mental incapacity, or illiteracy of one of the parties.

Lesson Viewed

Landlord and Tenant: An Introductory Lesson

This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law; including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules.

Lesson Viewed

Landlord and Tenant: Constructive Eviction

The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.

Lesson Viewed

Landlord and Tenant: Delivery of Possession and Title Covenants

This lesson examines the duty of the landlord to deliver possession of the leased premises to the tenant. Courts have split as to whether the landlord has an implied duty to deliver actual physical possession of the property. Express lease provisions that bear on the delivery of possession are also considered. There is also a short discussion of a related topic: covenants of title in leases.

Lesson Viewed

Landlord and Tenant: Periodic Tenancy

This lesson in landlord-tenant law addresses the periodic tenancy, also known as the periodic estate. Topics include creation of the periodic tenancy by express agreement, creation by implication, and termination of the periodic tenancy by notice. Hybrid transactions, which combine elements of the periodic tenancy and the term of years, are also considered. A sample essay exam question is included.

Lesson Viewed

Landlord and Tenant: Quiet Enjoyment

This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.

Lesson Viewed

Landlord and Tenant: Statute of Frauds

This lesson addresses the application of the statute of frauds to leases of real property. Topics include the conveyance and contract provisions of the statute; the contents of the lease document that are required to comply with the statute of frauds; the effect upon the parties when a tenant takes possession under an invalid oral arrangement; the doctrine of part performance; and the statutory exception for short-term leases.

Lesson Viewed

Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants)

This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.

Lesson Viewed

Landlord and Tenant: Tenancy at Will

This lesson in landlord-tenant law addresses the tenancy at will, also known as the estate at will. Topics include creation of the tenancy at will by express agreement, creation by implication, and termination of the tenancy at will by notice. Hybrid transactions in which one or both parties relinquish or modify their right to terminate at any moment are also considered.

Lesson Viewed

Law School Resources

Law school will consume your life during the three or four years that you are enrolled. But that doesn’t mean that life stops. Bills still have to be paid; people still get sick; the rest of the world keeps rolling on.

There will likely be a time during your legal education when you need help with something. The good news is that there are plenty of people available to help. You are not alone. Whatever you are going through, someone else has gone through too. It’s important to reach out for help, so you can work through your problems, without hurting your academic performance.

This lesson will address what to do if you face a variety of academic and life issues. It will also get you to begin thinking about post-graduation planning.

Lesson Viewed

Legal Encyclopedias - Print Format

This lesson is about Legal Encyclopedias in print format. As one of the main types of secondary resources for legal research, Legal Encyclopedias can be useful for a variety of basic legal research tasks. This lesson will give you an overview of legal encyclopedias, explain how they are used in legal research, and run through a couple of hypotheticals. The lesson focuses on one of the two legal encyclopedias covering American Law in general - American Jurisprudence 2d (Am. Jur. 2d) - and gives some examples of state legal encyclopedias.

Lesson Viewed

Legal Research Methodology

This lesson is designed to help law students develop their abilities to handle legal research assignments. Students who have some experience doing legal research or who have completed their first year legal research course will benefit the most. Legal Research Methodology may also be used to supplement the learning process for students studying legal research for the first time.

Lesson Viewed

Legal Writing v. Exam Writing

This lesson explains some key differences between legal writing and exam writing. First, the lesson demonstrates the relationship between legal writing and exam writing. Next, the lesson explains the differences between legal writing and exam writing. After you complete this lesson you will be able to transfer writing and analysis skills learned in your legal writing course to your final exams.

Lesson Viewed

Liability for Defectively Designed Products

This lesson deals with liability for defectively designed products and products that are defective because of an inadequate warning. It does not consider liability for defectively manufactured products, which are dealt with in the lesson Liability for Defectively Manufactured Products. It begins by comparing the two predominant tests for determining whether a product is defectively designed (the consumer expectations test and the risk/utility test), then considers the impact of warnings, including a consideration of the learned intermediary doctrine.

Lesson Viewed

Libel and Slander

One of the difficult common law issues in defamation was the distinction between libel and slander. This lesson explains the differences between the two types of defamatory statements. Material is provided on the damage requirements of both. This lesson is part of a series about defamation. One should review the lesson on Basic Issues in Defamation and Privileges before working with this exercise. After finishing this one, the exercise on Constitutional Issues in Defamation should be covered.

Lesson Viewed

Licenses Contrasted: Easements by Estoppel

This lesson examines the law of licenses, specifically as that law intersects the law of easements. The Lesson first defines licenses and contrasts that definition with the definition of easements. It then explores the circumstances in which a license, normally revocable, becomes irrevocable and explains that an irrevocable license essentially gives the parties the same rights and duties as an easement would.

Lesson Viewed

Liquidated Damages

Liquidated damages clauses are provisions in a contract in which the parties agree on the amount of damages to be paid in the event of breach instead of having a court decide that issue. This lesson explores whether liquidated damages clauses are enforceable under the tests used in the Restatement, the UCC, and a California statute. The lesson can be run either as an introduction to liquidated damages or as a review after you have completed your study.

Lesson Viewed

Louisiana Legal Research: Secondary Resources

Louisiana is a mixed legal jurisdiction with strong ties to French and Spanish Civil Law. There are differences between the civil law practiced in Louisiana and the common law practiced in the other 49 states. Although some of those differences have been bridged, some of the secondary materials discussed in this lesson vary greatly from the secondary materials of other jurisdictions.

Lesson Viewed

The Mailbox Rule

This lesson takes a look at the Mailbox Rule. The offeror, as master of the offer, may insist that the offeree accept by means of the mail (or some similar form delivery, such as e-mail). Alternatively, the offer may not specify a means of acceptance and the offeree may decide to use the mail, where such acceptance would be permissible in accordance with the offer. This lesson sets out the ramifications of use of the mail (as well as e-mail and facsimiles, which follow the same rule). The general attributes of offer and acceptance are covered in other lessons.

Lesson Viewed

Marbury v. Madison

This lesson concerns Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), a difficult and important case in Constitutional Law. It is contained in every Constitutional Law casebook and usually appears as one of the first cases. This lesson is designed to assist students to understand Marbury v. Madison and its relevance.

Lesson Viewed

Mechanics of Memorization

This lesson provides memorization tools and techniques for exam success. First, the lesson demonstrates the relationship between memorization and exam success. Next, the lesson explains memorization tools and techniques. After you complete this lesson you will be able to apply tools and techniques and effectively memorize important legal concepts to be successful on your exams.

Lesson Viewed

The Mens Rea of Attempts

This lesson is one of several addressing the offense of criminal attempt as set forth in the Model Penal Code. In this lesson, students consider broad concepts relating to the law of attempts, such as what mental state, if any, should be required for punishing an incomplete offense (with reference to theories of punishment) and how certain crimes not so labeled are actually particular kinds of attempt offenses. It then examines the mens rea for an attempted offense, highlighting the distinction between knowledge and purpose, and further distinguishing purpose as to conduct from purpose as to result.

Lesson Viewed

Metacognition

This lesson focuses upon the concept of metacognition and teaches you how to enhance your understanding about how you learn to better improve your study, organizational, test-taking and self-assessment skills with the goal of improving your performance in law school.

The lesson should help you better understand your individual learning process and show you how to use this information to develop study and test-taking skills needed for success in law school.

Lesson Viewed

Michigan Legal Research: Primary Resources

This lesson is designed to provide students with both an overview of Michigan primary resources and a "how to" guide to researching various Michigan primary resources.

While the lesson aims to introduce the specifics of researching Michigan law to a researcher already familiar with the basics of legal research, it will also be helpful to students and professionals trying to understand those basics through the process of Michigan-specific research.

Lesson Viewed

Minimum Culpability Requirements Under the Model Penal Code

This is an elementary lesson that introduces the concept of default rules in the Model Penal Code. Students will be introduced to the hierarchy of states of mind expressed in § 2.02(5). This lesson uses sample statutes and scenarios to allow students to practice applying the default rules and hopefully to provide an understanding of why default rules are desirable.

Lesson Viewed

Mitigation

One of the limitations on the damages a plaintiff can recover for breach of contract is that the plaintiff has a duty to keep the damages as low as reasonably possible. This lesson explores this principle, which is called mitigation. The lesson can be run either as an introduction to mitigation or as a review after you have completed your study.

Lesson Viewed

Modification

This lesson explores discharge of a contract by modification, both at common law and under the UCC. It can be run either as an introduction to the study of modification or as a review after you have completed your study.

Lesson Viewed

Modifications and the Pre-existing Duty Rule: Discussions in Contracts Podcast

The topic of this podcast is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when the modern common law rule and the rule of UCC § 2-209 permit enforcement of some modified agreements in the absence of new consideration. 

Lesson Viewed

Multiple Defendants

This lesson deals with the rules governing the liability of multiple defendants in torts cases. It begins by examining joint and several liability and the rules governing contribution between tortfeasors, then moves on to consider why the majority of states has now modified the rules of joint and several liability. It also contrasts the different results produced by joint and several liability on the one hand and several liability on the other in cases involving insolvent defendants and settling defendants.

Lesson Viewed

Mutual Assent

This lesson explores one of the fundamental requirements for contract formation, mutual assent. Mutual Assent is a mutual manifestation of assent to the terms of an agreement. This lesson looks at how parties establish mutual assent, including manifestations of mutual assent by words and conduct and the effect of misunderstanding. However, the attributes of offer and acceptance are covered in other lessons. This lesson concludes with a sample analysis exercise involving mutual assent.

Lesson Viewed

Negligence Elements and Defenses

The traditional division of negligence into duty, breach of duty, causation (cause in fact and proximate cause), and damages provides the structure of this lesson. The student will find navigation to an individual section or even to an individual area (such as res ipsa loquitur within breach of duty) easy. The most likely use of the lesson is as a review and test of understanding following classroom discussion, but the questions can also be used to preview that discussion.

Lesson Viewed

New Mexico Legal Research: Primary and Secondary Resources

This lesson will familiarize you with primary and secondary sources available in New Mexico. It covers New Mexico primary law including the New Mexico Constitution, statutes, legislative history, municipal codes, administrative law, and court decisions. The secondary sources section of the lesson provides a general overview of secondary sources and how you can use them in your research as well as coverage of New Mexico specific secondary sources.

Learning Outcomes

On completion of the lesson, the student will be able to:

Lesson Viewed

North Carolina Legal Research: Primary Resources

This lesson on North Carolina primary legal research materials will provide an introduction on how to locate North Carolina legal materials including North Carolina constitutional provisions, statutes, case law, regulations, and municipal provisions. In addition to discussing how to locate these materials in print, we will also discuss how to locate them in the major databases and free and low cost databases.

Lesson Viewed

North Carolina Legal Research: Secondary Resources

This lesson is designed to give a basic overview of secondary sources used in North Carolina legal research. Secondary resources are commentary on the law written by legal professionals or legal publishers. They are useful for finding background information and citations to primary resources, but it is important to remember that secondary resources are not the law.

Lesson Viewed

Note-Taking in Law School 101: Case-Based Content

This lesson, intended for incoming and current 1L law students, guides participants through the process of note-taking in law school classes with a focus on case-based information. Using a series of cross-doctrinal audio lecture examples and integrating periodic checks for understanding, students have the opportunity to develop their note-taking skills and practice categorizing the pieces of case-based information. This lesson is equally suitable for full-time, part-time, evening, or remote law students.

Lesson Viewed

Note-Taking in Law School 101: The Basics

This lesson will walk you through things to consider before setting "foot" (physically or virtually!) in a law school doctrinal classroom. You'll learn about how to listen for and capture the most important information, how to maximize your note-taking efficiency by using symbols and shorthand, and the various software options available for taking notes. It is recommended by the author that this lesson be completed before Note-Taking 101: Case-Based Content, which tests your note-taking skills in practice.

Lesson Viewed

Offer

This exercise deals with offer, an essential element of the bargaining process. There are basically three requirements to establish an offer: (1) intent; (2) definiteness; and (3) communication to the offeree.

Lesson Viewed

Ohio Legal Research: Citation Manual

This lesson teaches Ohio citation as governed by the Supreme Court of Ohio's recently published guide, Writing Manual: A Guide to Citations, Style and Judicial Opinion Writing (the "Writing Manual"). This lesson covers only the material contained in part I of the Writing Manual, which the lesson will refer to as the Citation Manual.

Lesson Viewed

Oklahoma Legal Research: Secondary Resources

This lesson will introduce you to important secondary sources for Oklahoma legal research and help you develop strategies for using secondary sources to research Oklahoma legal questions. This lesson is intended to supplement the CALI Lesson on Oklahoma primary sources. In addition to the important Oklahoma secondary sources covered in this lesson, researchers should also be aware of secondary resources that are not Oklahoma specific. For information on secondary resources generally, see the CALI Lesson "Introduction to Secondary Resources."

Lesson Viewed

Omissions

In the criminal law, culpability can be premised upon either an "act" or (in appropriate cases) an "omission" to act. In this lesson, we examine the concept of culpability for omissions, and we explore the limits of criminal culpability. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.

Lesson Viewed

Option Contracts and Firm Offers

This lesson deals with option contracts and firm offers, both of which result in irrevocable offers. The existence of an offer is often an essential element of the bargaining process. Although most offers are revocable, sometimes the offeree's power of acceptance is irrevocable through the formation of an option contract. This lesson will look at formation of an option contract through part performance or tender, a signed writing supported by consideration, statutory firm offers and detrimental reliance.

Lesson Viewed

Overview on the Religion Clauses

This lesson is designed to provide you with an overview of the religion clauses (which include both the Establishment Clause and the Free Exercise Clause) of the First Amendment to the United States Constitution. The lesson is intended for students who have studied these issues in class, and who wish to refine their knowledge of these clauses.

Lesson Viewed

The Parol Evidence Rule

A hundred years ago, a law professor said of the parol evidence rule, "There are few things darker than this or fuller of subtle difficulties." Many students and professionals who have studied the rule would agree with that assessment. Hopefully this exercise will illuminate the rule. It does so by examining the functions served by the rule, taking the user through a series of questions that can be used to resolve most issues involving the application of the rule. The Uniform Commercial Code enactment of the rule is examined in detail.

Lesson Viewed

Periodicals and Periodical Indexes

When conducting legal research, it is frequently better to begin with secondary sources that explain and interpret the law rather than attempting to start with primary legal authority. Legal periodicals are excellent secondary source starting points. This lesson introduces strategies and resources to find legal periodicals in support of legal research projects.

Lesson Viewed

The Pre-Existing Duty Rule, Contract Modification, and Accord & Satisfaction

This lesson presents an introduction to the doctrine that the performance of a pre-existing duty, or a promise to perform such a duty, does not constitute a sufficient consideration to make a promise binding. Through questions based on a series of hypothetical cases, underlying reasons for the doctrine are considered, as well as its ramifications in various contexts. Coverage includes: the performance of duties owed to the promise or third parties as consideration; modifications on one side of executory contracts; substituted contracts following rescission; executory accords; satisfaction; liquidated claims and offers to settle unliquidated claims.

Lesson Viewed

Preclusion

This exercise is in three parts. First, the student surveys the basic law of preclusion (both claim preclusion and issue preclusion) to test and to solidify understanding of the area. The questions explore the elements of the doctrines, such as the requirements of a final judgment and necessary decision of an issue, as applied to various fact situations. Hypertext is available at all times for quick review or checking of the elements. The second part of the exercise becomes more complex as it turns to heavy emphasis on the policies behind issue preclusion. The student analyzes each fact situation from two perspectives: Blackletter Bart, who takes a rule-bound approach to issue preclusion, and Functional Felicia, who takes a policy-oriented approach to issue preclusion. Third, the student answers questions developing the abandonment by the courts of the requirement of mutuality for issue preclusion. Both defensive collateral estoppel and offensive collateral estoppel, from the perspectives of both the plaintiff and the defendant, are analyzed.

Lesson Viewed

Preparing for Class 101: Preparing for Your First Day of Class

This lesson will run through critical considerations to think about before stepping into the law school classroom, or the "theater of learning" for the first time! Through a series of interactive diagnostic questions and teaching pages, the lesson explores many themes of first semester, including choosing your seat, class participation and how to handle the Socratic method, pre- and post-class prep, time management, using professors' office hours, and how the basics of the court system and functions of each level of court generate the "case method" of law school teaching and learning.

Lesson Viewed

Preparing for Trial

This lesson is designed to familiarize law students with legal materials that can be used when preparing for litigation. Rather than creating from scratch many of the documents needed in preparing for a trial, it is much more efficient to find sample documents that can help guide you. Students will be introduced to the various sources that attorneys turn to, including sample forms, pleadings, interrogatories, and other useful resources. Examples are drawn from Kentucky, Ohio, and New York.

Lesson Viewed

Preparing for Your First Semester of Law School

Professors Brown and Grohman, are the authors of many CALI lessons. Additionally, both teach 1L courses. In this podcast they share their experiences and insights on time management issues for law school students, preparing for class, how to brief a case, research tips applicable for 1L writing assignments (and the eventual practice of law), how to develop an understanding of the law, and techniques and tips for studying and preparing for the final exam.


Lesson Viewed

Prescriptive Easements

This exercise introduces one of the most significant vehicles for acquisition of an easement without the agreement of the servient landowner. Prescriptive Easements (also known as Easements by Prescription) arise out of open, notorious, adverse and continuous use of another person's land for the statutorily determined period of time. Through this use, a person essentially "adversely possesses" an easement over another's land. This tutorial introduces the user to the significant hurdles that face a claimant of an easement by prescription.

Lesson Viewed

Presumption of Innocence (Burden of Proof and Presumptions)

This exercise provides a general introduction to constitutional limitations on the assignment of burdens of proof and the creation of evidentiary presumptions. Evidentiary distinctions are addressed only insofar as they make a difference from the standpoint of constitutional law. This exercise is not about the law of criminal evidence, but about the constitutional limitations on that body of law.

Lesson Viewed

Private International Law Research

The purpose of this lesson is to guide students who are not experienced in researching private international law. After providing some background on the definition and sources of private international law, this lesson will suggest the initial and follow-up steps that a researcher of a typical issue related to private international law generally should take.

Lesson Viewed

Probable Cause

The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause. This lesson examines the concept of probable cause under the Fourth Amendment. This lesson is intended for students who have studied the concept of probable cause in class and wish to refine their knowledge and understanding.

Lesson Viewed

Problems in Property Law Series I

This lesson consists of 60 hypothetical factual situations designed to reinforce the student’s skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

Lesson Viewed

Problems in Property Law Series II

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

Lesson Viewed

Problems in Property Law Series III

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

Lesson Viewed

Punishment: Theories

This exercise introduces students to the four standard theories of punishment, retribution, deterrence, incapacitation, and rehabilitation. It familiarizes students with the basic features of each theory in the context of particular statutory provisions and hypotheticals drawn from the law of crimes (substantive criminal law) and the law of punishments (sentencing law).

Lesson Viewed

Race and Equal Protection

This Lesson considers race under the Equal Protection Clause of the Fourteenth Amendment as well as under other constitutional provisions, with the exception of "affirmative action" which is the subject of a separate lesson. It can be used as an introduction or as review.

Lesson Viewed

Real Covenants and Servitudes of Land PodCast

Professors Brown and Grohman, authors of several CALI lessons on covenants, give students a framework to approach studying the material and offer real-life applications of the doctrines. They also discuss the interrelatedness of the law and explain why it's an artificial distinction (and one that complicates learning) to study property issues separate from civil procedure issues, for example.

Lesson Viewed

Reasonable Person

This lesson contains problems and questions concerning the Reasonable Person standard for negligence actions. The central issue in negligence is the duty of care. For the typical adult, the standard is the Reasonable Person of Ordinary Prudence under similar circumstances.

Lesson Viewed

Recording Acts

This lesson focuses upon the purpose, interpretation, and application of recording statutes. The lesson should help students understand the following: what a recording act is and what functions a recording act serves; what kinds of interests are covered by recording acts, and what types of persons may claim the protection of a recording act; the three types of recording acts used in American jurisdictions and the differences between them; how to interpret the language of a typical recording act (and to distinguish between the three basic types); and how to apply a recording act to resolve conflicting claims to the same land.

Lesson Viewed

Regulatory Taking Issues in Environmental Law

This lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.

Lesson Viewed

Relations Between Co-Tenants

This lesson is the fourth of several addressing the various issues relating to the concurrent ownership of property. It is designed to introduce Property students to the rights and obligations co-tenants have when dealing with property held by a concurrent estate. The lesson addresses each respective tenant’s possessory rights, obligations for costs and expenses relating to the subject property, potential for ousting another co-tenant, and liabilities in the event of having ousted another co-tenant.

Lesson Viewed

Reliance Damages

This lesson explores the remedy of reliance, which can be available both 1) where there is no contract and 2) where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to reliance or as a review after you have completed your study.

Lesson Viewed

Removal and Remand: The Basics

This lesson is designed to help students understand the basics of three statutes that govern the removal of civil actions from state to federal court: 28 U.S.C. § 1441 (removal of civil actions), § 1446 (removal procedure) and § 1447 (procedure after removal). It consists of both explanatory text and problems and is divided into three sections. Students can complete all three sections at the same time or do each section separately.

Lesson Viewed

Res Ipsa Loquitur

Even though the thing speaks for itself, this lesson speaks more about res ipsa loquitur. This tort doctrine becomes an immediate favorite of all who hear its mellifluous name, but the doctrine has several nuances that do not speak so clearly, such as the circumstances when it applies, how common carriers are covered, and how it is conveyed to the jury. This lesson explores all of those nuances.

Lesson Viewed

Rescission

Rescission is one of the ways in which contractual duties are discharged. This lesson discusses mutual rescission, rescission by one of the parties, and rescission as a remedy used by a court. This lesson may be used to introduce you to the subject or to review it.

Lesson Viewed

Researching Canadian Law: Case Approach

This is an introductory lesson on Canadian legal research. This particular lesson treats research techniques and sources from the perspective that you are faced with a case based problem. A second separate lesson treats Canadian legal research from the perspective that you have a statute based problem. The lessons assume no knowledge of the areas, but treat basic research in Canadian federal statutes, administrative material, and cases.

Lesson Viewed

Researching Canadian Law: Federal Statute Approach

This is an introductory lesson on Canadian legal research. This particular lesson treats research techniques and sources from the perspective that you are faced with a statute based problem. A second separate lesson treats Canadian legal research from the perspective that you have a case based problem. The lessons assume no knowledge of the areas, but treat basic research in Canadian federal statutes, administrative material, and cases.

Lesson Viewed

Researching Federal Executive Orders

This lesson will introduce you to methods of finding and updating federal executive orders. It assumes no prior knowledge of the subject, and is therefore appropriate for any student or legal professional who needs to learn how to research federal executive orders. Knowledge of the C.F.R. and the Federal Register is helpful for understanding this lesson.

Lesson Viewed

Researching Judges

This lesson introduces strategies and resources for researching state and federal judges. After completing this lesson, you will feel comfortable researching a judge's educational and professional history, scholarship, prior opinions, and other courts and judges they most frequently cite. It will be useful for prospective and current judicial clerks, law firm summer associates, paralegals, and practicing attorneys.

Lesson Viewed

Researching U.S. Immigration Law

This lesson will provide students with some general background on U.S. immigration law and will give an overview of tools students can use for immigration law research. Students should have a fundamental knowledge of legal research tools but do not need to have any background in immigration law to proceed with the lesson. The lesson would work best while also taking a class about immigration law.

Lesson Viewed

Restitution

This lesson explores the remedy of restitution, which can be available both where there is no contract and where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to restitution or as a review after you have completed your study.

Lesson Viewed

A Review of Joinder Concepts

Effective December 1, 2006, the Federal Rules of Civil Procedure were amended to reflect changes in discovery resulting from the electronic storage of information. CALI's lessons do not yet reflect these amendments. As each lesson is revised to reflect the amended rules, the lesson's catalog description will be updated to enable students and faculty to easily tell which lessons include the amended rules.

Lesson Viewed

Ripeness and Mootness

This lesson introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.

Lesson Viewed

Risk of Loss

This lesson takes a look at the treatment of damaged and destroyed goods and how the U.C.C. allocates the risk of loss for such occurrences. Since casualties to goods do occur, there must be a mechanism for determining which party will suffer the loss. The party which will suffer the loss is said to bear the risk of loss of the goods. This lesson sets out the basic rules for determining which party bears the risk of loss in sales transactions in cases where there is no breach (UCC 2-509) and examines the effect of breach on the allocation of risk (UCC 2-510).

Lesson Viewed

Rule 4(k)

This lesson explores the various ways that a federal court can acquire personal jurisdiction over defendants, both with and without the use of a state long-arm statute.

Lesson Viewed

Rule Against Perpetuities 2: Reforms - Cy Pres and Wait-and-See Doctrines

This lesson's overall plan is to introduce students to the basic principles involved with two common modifications to the common law Rule Against Perpetuities: Wait-and-See and Cy Pres. The exercise assumes the student is familiar with Possessory Estates, Future Interests, and the common law Rule Against Perpetuities; it is suggested students work through those exercises first.

Lesson Viewed

Rulemaking: Federal Register and CFR

This lesson will introduce you to the quasi-legislative process known as rulemaking. It will familiarize you with the publication system and with the sources you will access to research regulations. The lesson includes several images of Federal Register and Code of Federal Regulations pages, and links to regulatory information on the Government Publishing Office's homepage. The lesson is designed to augment a substantive Administrative Law Course or an Advanced Legal Research class.

Lesson Viewed

The Seal

This lesson assumes students are familiar with the requirement of consideration. This exercise covers one of the exceptions to this general rule. Historically, one situation where consideration was not required to create a binding contract was when the promise was made "under seal." The lesson explains the history of "the seal" and the seal's role in contract law today.

Lesson Viewed

Self-Defense

This is a lesson dealing with the basic justification defense of self-defense. Most of us would name self-defense as the primary justification defense; and, it is perhaps the most common or familiar of all defenses. Yet self-defense has roots in other defenses at early common law. Therefore, this lesson begins with a consideration of those roots. Moreover, there is considerable overlap between the various defenses, even when one agrees on classification. Thus, understanding the basics of self-defense is essential to understanding many or all of the justification defenses. The purpose of this lesson is to present very simply the elements of self-defense. Even a student who is just beginning the study of defenses should be comfortable working this lesson.

Lesson Viewed

South Carolina Legal Research: Primary Resources

In the process of legal research, primary authority is the law in your jurisdiction, which comes directly from a legislative body, court, or administrative agency.

This lesson on South Carolina primary source materials covers the South Carolina Constitution; South Carolina state and local laws (Legislative); South Carolina administrative agency regulations and other executive materials (Executive); and, South Carolina appellate court rules and decisions (Judicial).

Lesson Viewed

South Dakota Legal Research: Primary and Secondary Resources

This lesson will familiarize you with primary and secondary sources available in South Dakota. It covers South Dakota primary law including the South Dakota Constitution, statutes, legislative history, municipal codes, administrative law, and court decisions. The secondary sources section of the lesson provides a general overview of secondary sources and how you can use them in your research as well as coverage of South Dakota specific secondary sources.

Lesson Viewed

Specific Performance

The principal remedies for breach of contract are specific performance and money damages. This lesson explores the circumstances in which a court is likely to award specific performance as a remedy. The lesson can be run either as an introduction to specific performance or as a review after you have completed your study.

Lesson Viewed

Standing (Constitutional Issues) Introduction

A critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.

Lesson Viewed

Standing (Specialized Issues)

This lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.

Lesson Viewed

Standing: Causation

Article III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision.

Lesson Viewed

State Action

This lesson covers the basic Constitutional doctrine of state action. This lesson can be used to prepare for class or as a review of Constitutional doctrine.

Lesson Viewed

The Statute of Frauds

The Statute of Frauds is among the defenses to contract formation. This exercise assists the student in determining whether a transaction is within the statute of frauds, whether the agreement is evidenced by a writing, and whether an exception applies.

Lesson Viewed

Statutes Dispensing With Consideration

This lesson assumes you are familiar with the requirement of consideration and the rule that past consideration is not good consideration. Ordinarily, a promise is legally binding only if that promise is supported by a consideration. As the student may recall, "past consideration" is a misnomer. If a party makes a promise to pay for a benefit previously conferred, there is no consideration for the promise because the benefit was not bargained for in exchange for the promise. This lesson covers one of the exceptions to this general rule.

Lesson Viewed

Statutory Interpretation

This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.

Lesson Viewed

Strict Liability: Abnormally Dangerous and Ultrahazardous Activities

Strict liability for dangerous activities began with the English case of Rylands v. Fletcher. The First Restatement and the Second Restatement both contained provisions for a similar form of such strict liability and such liability is widely recognized in the United States. This lesson explains and uses examples to explain and then compare and contrast those different theories. In addition, this lesson covers the basic limitations on that form of strict liability.

Lesson Viewed

Student Speech

This lesson addresses the First Amendment protections for student speech in public elementary and secondary schools. You willl learn about the legal standards from United States Supreme Court cases that apply to different types of student speech, and how lower courts have interpreted these standards. You will then apply these standards to factual scenarios in multiple choice and essay type questions. This lesson includes the standards that apply to off-campus and online speech.

Lesson Viewed

Substantial Performance

If a contracting party does not complete performance, that party is in breach. But if the party has given most of the promised performance, there may be substantial performance. Another way of saying this is that the breach is not material. This lesson examines the grounds for determining whether a breach is material and explores the consequences if it is. The lesson can be run either as an introduction to substantial performance or as a review after you have completed your study.

Lesson Viewed

Suspendatur!

This exercise is designed as a review for students taking the basic first year course in criminal law. Suspendatur! (Latin for “let him be hanged”, the final entry in medieval plea rolls in capital cases) is patterned after the familiar game of hangman, in which each wrong answer adds a part to a stick figure on the gibbet. The student must answer multiple choice and true-false questions based on hypothetical situations. Each right or wrong answer provides substantive feedback in what aims to be at least a mildly humorous fashion.

Lesson Viewed

Tenancy by the Entirety

This lesson is the third of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The lesson progresses from addressing the traditional elements required to create a tenancy by the entirety, the resulting right of survivorship and the events severing the tenancy. Also, it deals with the status of the tenancy by the entirety under modern statutes.

Lesson Viewed

Tenancy in Common

This lesson is the second of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The interactive tutorial progresses from addressing the traditional requirements to create a tenancy in common, the lack of right of survivorship and the status of the tenancy in common under modern statutes.

Lesson Viewed

Termination of Easements

This lesson explores the myriad ways in which easements may be terminated. It begins by focusing on express termination, the most effective way to terminate an easement when the holder of the benefit of the easement agrees to terminate it. The bulk of the interactive tutorial deals with the more complicated problem of termination without the express consent of the benefitted party.

Lesson Viewed

Texas Legal Research: Secondary Resources

This lesson covers secondary resources useful for Texas-specific research including the state legal encyclopedia, state treatises, state practice materials, state form books, and state legal periodicals. Popular resources such as Texas Jurisprudence III and Dorsaneo's will be covered. This lesson also contains information on searching Texas library catalogs and research guides.

Lesson Viewed

Third Party Beneficiaries

This lesson deals with third party beneficiary contracts. The initial questions in this exercise are intended to familiarize students with the various types of contract beneficiaries. Since there is no general agreement on terminology, the questions test the students on both the First Restatement of Contracts types, i.e., creditor, donee, and incidental, and the Second Restatement of Contract types, i.e., intended and incidental. Subsequent questions deal with vesting of contract beneficiaries' rights and with defenses which can be asserted by a promisor against a beneficiary.

Lesson Viewed

Tips for Multiple Choice Exams in Law School Podcast

Prof. Burnham, author of a number of CALI lessons and podcasts provides students with advice on multiple choice exam questions. Prof. Burnham goes into the different aspects of a multiple choice question: the stimulus, options, key, and distracters. Additionally, Prof. Burnham discusses the different types of multiple choice questions such as questions that test a student’s ability to recall information, those that draw on materials discussed in class, and those that require analysis.

Lesson Viewed

Top 10 Tips for Successfully Writing a Law School Essay

In this podcast, Prof. Jennifer Martin discusses the top ten mistakes law students make in law school examinations. These are poor issue spotting, poor knowledge and understanding of the law, poor application of the law to the facts, giving only conclusory answers, lack of organization, errors in the facts, failure to understand the role you are given in the examination, padding, fact inventing, and question begging.

Lesson Viewed

Trespass to Chattels

This lesson is an exploration of the law of torts enabling a person to obtain compensation for wrongful interference with personal property. The exploration uses the concepts of interests, invasion, conduct and remedy as the vehicles for developing understanding of the cause of action and its operation. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications.

Lesson Viewed

U.S. Treaty Research

This lesson will provide an understanding of the language, mechanics, and process of conducting research of U.S. treaties: the major sources of treaty texts (both official and unofficial), major indexes and finding tools, resources for updating treaties, and a basic strategy for treaty research.

Lesson Viewed

UCC Warranties

A contract can contain many different types of promises, made up of both express and implied terms. Express and implied warranty terms are the subject of this lesson. When parties contract for the sale of goods, they have certain expectations about the quality of the goods to be sold. These expectations form the basis of warranties that arise under UCC Article 2. That is, what has the seller agreed to sell?

Lesson Viewed

United Nations Research

This lesson will show you the basic tools for finding United Nations materials. It first gives an overview of how the United Nations is organized. It includes descriptions of each of the principal organs of the U.N. and an overview of the United Nations document numbering system. It then shows online tools for United Nations research: the U.N.'s website; the Official Document System; and the U.N. Digital Library.

Lesson Viewed

Unlawful Delegation

The subject of "unlawful delegation" of powers is an important issue in both constitutional and administrative law. Not infrequently, Congress attempts to delegate its legislative authority to an administrative agency or to the courts. Sometimes, Congress attempts to delegate judicial power to administrative agencies. In this lesson, we explore the legality of such delegations. This lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

Lesson Viewed

Using Citators as Finding Tools

This lesson will teach you how to use all the major legal citators - Shepard's in print, Shepard's on Lexis, KeyCite on Westlaw and BCite on Bloomberg Law - to locate additional useful cases when starting with one case or other document, and to find secondary resources such as law reviews when starting with a case or other document.

Lesson Viewed

Venue

This lesson teaches and reviews the concept of venue, both generally and under federal law. There is also a brief discussion of venue under state law and common law.

Lesson Viewed

Words Matter

You may have heard that lawyers are precise. It’s true. In law school, you will spend a lot of time discussing the meaning of a singular word or placement of a comma.

It is also true that sometimes there is more than one way to say something, or multiple phrases may mean essentially the same thing. It can be tricky to hear both that every punctuation mark and word matters, and that you must be nimble enough to recognize when two sources are talking about the same concept in different terms. This lesson is designed to show you some examples both of precision, and of when two things essentially mean the same thing.